James Chiokwe V. The State (2012)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the Judgment of the court of Appeal delivered on the 16th day of November, 2004 upholding the conviction and sentence passed on the Appellant for the offence of murder contrary to Section 316 (1) and punishable under Section 319 (1) of the Criminal Code, Cap 30 Vol.2, Laws of Eastern Nigeria, 1963.

FACTS:

The Appellant was tried in the High Court of Enugu State in the Enugu Judicial Division holden at Enugu for the offence of murder contrary to Section 316 (1) and punishable under Section 319(1) of the Criminal Code Law, Cap.30, Volume 2, Laws of Eastern Nigeria, 1963. From the particulars of offence, the Appellant was alleged to have murdered one Dorothy Ibekwe, a 15 year old secondary school girl on or about the 5th day of March, 1983 at Ugbo Edem Nike in the Enugu Judicial Division. The said Dorothy had been raped and murdered.

On the 3rd day of July, 1984 the charge was read and explained and the Appellant pleaded not guilty. The prosecution called 8 witnesses and the Appellant alone testified and called no witness. The trial court presided over by B. O. Okadigbo J. delivered its judgment on 5/3/85 and convicted the Appellant for murder and sentenced him to death.

Dissatisfied with the judgment of the Court of first instance the appellant filed an appeal on L3/3/85 at the Enugu Division of the Court of Appeal. The appellate court heard the appeal and dismissed it on the 16th day of November, 2004 and affirmed the decision of the trial High court.

The Appellant again dissatisfied appealed to this Court by leave of this Court since the appeal was out of time.

On the 4th October, 2012 date of hearing the appeal, the learned counsel, C. I. Enweluzor adopted the Appellant’s Brief filed on 18/3/2010 in which were crafted three issues for determination, viz:-

(a) Whether the learned Justices of the Court of Appeal were right in relying on the alleged confessional statements credited to the Appellant tendered and admitted at the trial court as EXHIBITS B and D in upholding the judgment of the trial court which convicted and sentenced the Appellant to death for murder.

(b) Whether the Learned Justices of the Court of Appeal were right in giving full probative value to Exhibits A, B, C and D and relying on them to uphold the conviction and sentence passed on the Appellant by the trial court.

(c) Whether the Learned Justices of the Court of Appeal were not in error when they held that EXHIBIT C and the evidence of PW1 constitute corroborative evidence to EXHIBITS B and D and thereby upheld the conviction and sentence of the Appellant by the trial court.

Learned counsel however sought leave to withdraw the second issue which was granted with the issue (b) being struck out. He also adopted the Reply Brief filed on 2/2/12.

Mr. Elema, learned counsel for the Respondent adopted the Respondent’s Brief filed on 10/11/11 and deemed filed on 16/11/11 in which were formulated two issues for determination as follows:-

(a) whether the Lower court was right to have upheld the admission in evidence of the Appellant’s confessional statements, Exhibits B and D and the reliance placed on the second documents in the conviction and sentence of the accused persons.