Chief Saiperemor Preye Amaremor Vs. The State (2014)

LAWGLOBAL HUB Lead Judgment Report

MAHMUD MOHAMMED, J.S.C.

On 24th November, 2001, the Appellant was in his home town Buluo-Orua Town in Sagbama Local Government Area of Bayelsa State for his late Aunt’s funeral. The appellant who was an armourer with the National Intelligence Agency of the rank equivalent of an Assistant Commissioner of Police, came home with his service pistol, a Baretta which the regulations of his Agency forbade him to carry on such private journeys as attending funeral. That morning, a group of people had gathered to embark on a journey to a neighbouring Community with Appellant who joined to a waiting group armed with his pistol. On getting to the compound the Appellant brought out his pistol and shot twice towards the river and turned to the deceased and shot him in the chest. The deceased was heard to have shouted – “Ye etein neyol saniperemor etein neyo!,” meaning in English Language – you have shot me o! Saiperemor has shot me!’ Thereafter, the deceased was rushed to the Ufor hospital, Ugheli where he was confirmed dead by a Doctor.

At the trial Court, the Appellant was charged for the murder of the deceased Chief Tuomor Obiri under Section 319 of the Criminal Code Law of Eastern Nigeria, 1963 applicable in Bayelsa State. In the course of the trial, 3 eye witnesses gave evidence for the prosecution. A medical Doctor, PW5 also gave evidence as to the cause of death of the deceased while the investigating Police Officer PW6 in his evidence tendered the Appellant’s pistol used in the shooting incident and some caution statements of the Appellant. A prosecution witness who was billed to give evidence as PW4, was withdrawn by the prosecution. The Appellant on his part gave evidence in his own defence and also called one witness who gave evidence in support of the defence of the Appellant.

The case of the prosecution was that as the people who gathered for the journey to a neighboring Community were waiting to set out, the Appellant on coming shot twice towards the direction of the river with his pistol before turning towards the deceased and fired the 3rd shot into the chest of the deceased who slumped down and later died in the hospital.

The Appellant’s case was that as he was walking towards the entrance of the compound where people were waiting, he stumbled on a stone and his service pistol fell off his waist. He bent down to pick up the pistol and as he did so his finger touched the trigger and it exploded in quick succession twice. The Appellant then said he muzzled up the pistol and removed the magazine. That it was at that point that he heard the deceased shouting before he fell down and later died at the hospital. The Appellant later reported himself to the Police Station where he also surrendered, his Baretta pistol with nine remaining rounds of ammunition before he was detained.

After hearing the evidence placed before the trial Court by the prosecution and the evidence of the Appellant and his lone witness in support of the Appellant’s defence, the learned trial Judge made the following findings at pages 233 -234 of the record thus –

“From the facts of this case and issues canvassed respectively by the learned Counsel for the deceased and the learned Counsel for the prosecution, in their addresses, I am of the humble opinion that the live issue which calls for determination is:

Whether or not the accused Chief Saiperemoh Priye Amaremo – is guilty of the murder of late Chief Toumor Obiri by intentionally shooting the deceased with his service pistol at Bulou-Orua Town on the 24th day of November, 2001.”

In the determination of the above issue, the learned Judge found it necessary to also determine some ancillary or incidental questions which questions include the following, namely:

1. Whether or not the service pistol of the accused fell after he stumble on a stone at the entrance to the venue of the wake keep ceremonies.
2. Whether the accused fired three shots or only two shots on that day.
3. Whether there was deliberate or intentional shooting of the deceased by the accused.
4. Whether the shooting incident of 24th November, 2001 at Bulou-Orua was an accidental discharge.
5. Whether the accused was negligent in the handling of his service pistol on the date of the incident.
6. Whether the accused could be convicted of the lesser offence of manslaughter if the shooting incident was accidental and not intentional.
7. Whether having regard to the facts of this case, it was necessary for the prosecution to establish motive on the part of the accused.
8. Whether the prosecution case is infested with material contradictions as alleged by the defence or at all.
9. What are vital ingredients or necessary elements to be established in a case of murder.”

The learned trial Judge after carefully resolving the ancillary and incidental questions, proceeded to resolve the main issue as follows –

“On the substantive issue of whether or not the accused Chief Saipremoh Priye Amaremor – is guilty of murder of late Chief Tuomor Obiri, I wish to say that, in view of all that I have said in this judgment, the prosecution has proved beyond reasonable doubt that Chief Saipremor Priye Amaremo intentionally killed Chief Tuomor Obiri (the deceased) at Bulou-Orua village, Sagbama Local Government Area of Bayelsa State on 24th day of November, 2001.”

The learned trial Judge after very carefully considering and ultimately rejecting the defence of accident under Section 24 of the Criminal Code put up by the Appellant and after having been satisfied that the Appellant had not even attempted to put up a defence of insanity, proceeded and convicted the Appellant of the offence of murder and sentenced him to death in accordance with the law on 22nd December, 2005.

In exercise of his constitutional right of appeal against his conviction of murder and the sentence of death passed upon him by the trial High Court of Bayelsa State, the Appellant appealed to the Court of Appeal Port-Harcourt Division by a Notice and Grounds of Appeal dated 31st January, 2006. After giving the Appellant a hearing in his appeal, the Court of Appeal in its judgment delivered on 15th March, 2010, dismissed the Appellant’s appeal and affirmed his conviction for murder and the sentence of death. The Appellant is now on a further appeal against his conviction and sentence by a Notice and Grounds of Appeal dated 28th May, 2010 and filed on 1st June, 2010, containing 5 distinct grounds of appeal from which the following two issues for the determination of the appeal were distilled in the Appellants brief of argument.

“1. Whether the defence of accident availed the Appellant by virtue of the provisions of S.24 of the Criminal Code (Grounds 1, 2, and 3).