Henry Nwokearu V The State (2013)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

Appellant was charged with the offence of murder contrary to Section 319 (1) of the Criminal Code Cap. 30 Vol. II Laws of Eastern Nigeria applicable in Imo State before the Mbano/Etiti Judicial Division of the High Court of Imo State sitting at Etiti.

The particulars of the charge read thus:

“Henry Nwokeoru on the 25th day of February, 7994 at Umuogele, Umuariam, Obowo in the Mbono/Etiti Judicial Division murdered Felix Onuoha.”

Appellant pleaded not guilty to the one-count charge on 27th June, 2001.

The prosecution opened its case before Agugua, J. on 14th January, 2002, called six (6) witnesses and closed its case on 3rd February, 2003. Defence opened on 5th February, 2003. The appellant testified as PW1, called two other witnesses as DW2 and DW3 and closed his case on 14th May, 2003.

Learned Counsel for the parties addressed the trial Court. In his judgment delivered on 19th November, 2003 the learned trial Judge took pains to review the evidence led on each side and the addresses of learned Counsel for the parties and concluded:

“From the totality of the evidence before me I am left in no doubt as to the role of the accused Henry Nwokeoru. I accordingly find him guilty of murder as charged”

and sentenced him accordingly.

Appellant appealed to the Court of Appeal, Port Harcourt Judicial Division on four (4) grounds of appeal from which two issues were distilled for determination. At the hearing of the appeal, the Court below resolved each of the two issues against the appellant and concluded thus:

“I am of the view that none of the defences set up by the Appellant can avail him in the circumstances of this case. I affirm the conviction and sentence of the Appellant for the offence of murder. The appeal is dismissed.”

Dissatisfied, the appellant appealed to this Court on four grounds here under reproduced, shorn of their particulars:

“GROUNDS OF APPEAL:

GROUNDONE: The Court of Appeal erred in law in not acting on the absence of specific intention to murder to hold that the Appellant was not criminally liable for murder of the deceased Friday Onuoha.