Nseabasi Nse Okon V. The State (1995)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C

The Court of Appeal, Enugu Division, dismissed the appellant’s appeal and affirmed the conviction and sentence of death passed on him by Nkop. J. of the High Court of Akwa-Ibom State for the offence of murder, contrary to section 19(1) of the Criminal Code.

At the trial the prosecution adduced evidence to show that the appellant used to frequent the house of P.W.1. Mr Essien Eyo Akpan; in order to meet his girl friend, Atim. Atim was the daughter of P.W .1. Both Mr Akpan and Atim’s mother did not approve of the relationship and had warned the appellant not to come to their house for Atim.

On the fateful day, the 28th of July, 1986, the appellant visited the house of Mr. Akpan when both parents of Atim were away. Atim also followed her mother to the market. The appellant met three children of Mr. Akpan in the house. The children were. Mary Essien Eyo, the deceased. Comfort, a girl aged 12 who testified at the trial as P.W.2 and the girl’s brother, Dennis.

When Dennis left the house, the appellant moved to the backyard and met some of the children eating. He saw Mary Essien Eyo going out to the bush to cut fork-sticks which her mother wanted to use for erecting a stall in their local market. The appellant accompanied the deceased, and not long after the two had gone into the hush, following a minor misunderstanding, the appellant seized, a matchet which the deceased was holding and used it to hack her to death.

The learned trial Judge, after considering the evidence adduced by the prosecution and the defence put up, convicted the appellant of the offence of murder and sentenced him to death. On appeal to the Court of Appeal, learned counsel for the appellant made the following submission:

“With the greatest responsibility. I have had to read through the records several times to see whether there is any way I can fault the evidence admitted or the judgment. After many anxious moments. I am professionally bound to say that I see nothing to urge your Lordship (sic) in their appeal”

All the same, the Court of Appeal considered all the issues raised in the appeal and dismissed it. It is against that decision that the appellant has now appealed to this Court. Learned counsel for the appellant, Mr. Kanu Agabi, filed three amended grounds of appeal. This appeal hinges on the way those grounds were couched and the issues raised against them. It is pertinent therefore to reproduce them in full:

“1) The learned trial Judge erred in law when he ordered that Counsel be arranged for the appellant.

PARTICULARS OF ERROR:

a) It was not evident that the appellant was indigent or required such representation or could not defend himself.

b) There is no power in the Court to assign or impose counsel without reference to an accused or without prior consultation with him.

c) There was no criteria for the choice of counsel nor was it apparent that the choice was dictated by the best interest of the appellant.

2) The learned trial Judge erred in law when he held that the Statement alleged to be the confessional statement of the appellant was corroborated by:-