Sabina Chikaodi Madu Vs The State (2012)

LAWGLOBAL HUB Lead Judgment Report

OLU ARIWOOLA, J.S.C.

This appeal is against the decision of the Court of Appeal, Port Harcourt Division delivered on the 30th November, 2006 affirming the conviction and sentence of the Appellant to death for the murder of the deceased Nnenna Nwosu by the Abia State High Court presided over by Uzokwe, J.

The deceased Nnenna was discovered dead inside the septic tank in the premises where the Appellant and the 2nd Accused who is now deceased resided at No.17 1st Powerline. The deceased Nnenna was living with her family at No.16 Power line Abayi Ariaria.

The Appellant was charged with the murder of Nnenna Nwosu as follows:

“That you Sabina Madu (f) on the 30tn day of August, 2002 at No. 17 First Powerline Aba in the Osisioma Ngwa Magisterial District, did conspire with others now at large to commit felony to wit:

Murder and thereby committed an offence punishable under Section 324 of the Criminal Code Cap.30 Vol. II Laws of Eastern Nigeria 1963 as applicable in Abia State.”

Count Two:

“That you Sabina Madu (f) and others now at large on the same date and place and in the aforesaid Magisterial District, did kill one Nnenna Nwosu (f) and threw the corpse into a soak-away pit and thereby committed an offence punishable under section 319 (1) of the Criminal code cap.30 Vol.II, Laws of Eastern Nigeria 1953 as applicable in Abia State.”

The case proceeded to trial. At the end, the court convicted the Appellant and the deceased, 2nd Accused person for the murder of Nnenna Nwosu and consequently sentenced them to death.

The Appellant was dissatisfied with the judgment of the trial court hence appealed to the court below. The 2nd convict had died shortly after he was convicted and sentenced.

The court of Appeal, Port Harcourt Division after hearing the arguments of counsel dismissed the appeal and affirmed the conviction and sentence of the Appellant to death by the trial court.

The Appellant’s dissatisfaction led to the further appeal to this court which was initiated with the Notice of Appeal dated 16/12/2006 but filed on 26/01/2007. The said Notice of Appeal has seven (7) Grounds of Appeal.

Parties filed and exchanged their briefs of arguments.

When the appeal came up for hearing, Mr. Kemasuode Wodu of counsel to the appellant referred to the appellant’s brief of argument dated 26/04/2010 but filed on 8/5/2010. Having been filed out of time, sequel to an order of this court duly sought and obtained, the said brief of argument was deemed properly filed and served on 03/11/2010. Learned counsel adopted and relied on the said brief of argument as their submissions in urging the court to allow the appeal to discharge and acquit the appellant.