Daniel Okafor V The State (2016)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

This is an appeal against the concurrent decisions of the High Court of Delta State delivered on 30/4/2014 and the Court of Appeal, Benin Division delivered on 5/12/2014 to the effect that the appellant has a case to answer in respect of two of the three count charge against him.

On 25/7/2013 the appellant and one Sunday Okolie Emenike were arraigned before the trial Court on a three-count charge of conspiracy to kidnap, attempted kidnapping and attempted murder, with others now at large, of one Chief John Uchechu punishable under Sections 516, 509 and 320 respectively of the Criminal Code Cap 21 Vol 1 Laws of Delta State 2006.

They both pleaded NOT GUILTY to each count of the charge. At the trial, the prosecution called four witnesses, tendered some exhibits and closed its case. The appellant made a no-case submission. In a considered ruling delivered on 30/4/2014, the trial Court upheld the no-case submission made on behalf of the appellant’s co-accused and discharged and acquitted him of all the charges against him. The Court also upheld the appellant’s no-case submission on the

third count of attempted murder but overruled the submission in respect of counts 1 and 2 for conspiracy to kidnap and attempted kidnapping. The Court held that a prima facie case had been made out against him in respect of the two counts and called upon him to enter his defence.

Being dissatisfied with this decision, the appellant appealed to the Court below, which on 5/12/2014 dismissed the appeal and affirmed the decision of the trial Court. The appellant is unhappy with this decision and has further appealed to this Court vide his notice of appeal dated 6/12/2014 containing five grounds of appeal.

In compliance with the Rules of this Court, the parties duly filed and exchanged their respective briefs of argument. At the hearing of the appeal on 12/11/2015 DR. E.S.C. OBIORAH, of counsel/ adopted and relied on the appellant’s brief filed on 28/1/2015 and his Reply Brief filed on 13/4/2015. He urged the Court to allow the appeal, set aside the decision of the Court below and discharge and acquit the appellant.

On his part, O.F, ENENMO ESQ. Deputy Director, Ministry of Justice, Delta State adopted and relied on the respondent’s brief filed on 19/3/2015 but

deemed properly filed on 6/5/2015. He urged the Court to dismiss the appeal.

The appellant distilled a single issue for determination from the five grounds of appeal as follows:

“Whether the Court of Appeal was right in overruling the no-case submission made by the appellant and in holding that a prima facie case was established against the appellant in counts I and II of the Information, particularly when there is no legally admissible evidence that linked the appellant to the said offences charged, when the prosecution witnesses even exculpated the appellant of the offences in the said counts I and II of the Information and when appellants’ co-accused was totally discharged of the offences”

The respondent also formulated a single issue for determination thus:

“Whether having regard to the totality of the evidence on record, the lower Court was right in dismissing the appellant’s appeal and upholding the decision of the trial Court that the respondent established a prima facie case against the appellant.”

I shall adopt the issue formulated by the appellant for the resolution of the appeal with some slight amendment by omitting the portion of the issue that