Iregu Ejima Hassan V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The appellant, Iregu Ejima Hassan and two others, namely: Ajoze Iregu and Okareyi Jimoh were on 15 November, 2007 arraigned before the High Court of Kogi State, holden at Okene, charged with criminal conspiracy and culpable homicide contrary to Sections 97(1) and 221 (a) of the Penal Code. The particulars of the offence charged are as follows:

“Ajoze Iregu, Iregu Ejima Hassan and Okaraji Jimoh on or about 25th February, 2006 at Idamha Quarters Ogaminana village in Kogi State Judicial Division agreed to do an illegal act to wit: to commit culpable homicide on Madam Oziohu Iregu.”

“Ajoze Iregu, Iregu Ejima Hassan and Okaraji Jimoh on or about 25th February, 2006 at Idamha quarters Ogaminana village in Kogi State Judicial Division did commit culpable homicide on Madam Oziohu Iregu.”

The appellant pleaded not guilty to both counts and the trial proceeded. The prosecution called four witnesses at the trial. The appellant gave evidence. There was a mini trial (trial-within-trial) to find out whether the appellant made his confessional statement voluntarily or

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whether it was beaten out of him. Documents marked exhibits A, B, C, D, E, F, G, H were admitted in evidence.

In a judgment delivered on 27th February, 2009, the learned trial Judge found the appellant and the other two persons guilty on both counts and sentenced the three of them to death.

Dissatisfied with the judgment, the appellant filed an appeal. It was heard by the Abuja Division of the Court of Appeal. That Court on 4 December, 2012 affirmed the decision of the trial Court when it said:

“Having resolved the three issues against the appellant I find no merit in this appeal and it is accordingly dismissed. The decision of the High Court of Kogi State on conviction and sentence delivered on 27th February 2009 is hereby affirmed.”

This appeal is against that judgment. In accordance with Rules of this Court, briefs of argument were duly filed and served. The appellant’s amended brief filed on 26th September 2016 was deemed duly filed and served on 3rd October, 2016, while the respondent’s brief was filed on 21st October 2013.

Learned counsel for the appellant formulated three issues from his four grounds of appeal.

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They are: