Obasanjo Egharevba V The State (2016)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

Appellant and one other person were tried at the High Court of Justice of Edo State of Nigeria, Benin Judicial Division, in two count information for conspiracy to murder punishable under Section 324, and murder punishable under Section 319, of the Criminal Code Cap. 48, Vol II Laws of Bendel State of Nigeria, 1976 now applicable to Edo State of Nigeria. The appellant and his co-accused were serving terms of imprisonment at the Oko Maximum Prison, Benin City, Edo State.

The prosecution’s case is that the appellant, his co-accused and two other inmates of the prison went to work in the prison’s garden. Each of them had a hoe. At his request, the appellant was taken to a source of water close by to drink water. He was led by the deceased Warden. Appellant hit the deceased in the head with his hoe and the deceased fell down screaming. The prisoners, one of whom was to testify at the trial as PW3, ran to the scene and helped the wounded Warden to the prison’s compound from where he, the deceased, was taken to the University of Benin Teaching Hospital where he died about three weeks later.

The incident

took place on 19th May 2001. Meanwhile appellant and his co-accused had escaped but were apprehended the night of the same date by members of a vigilante group. They were handed over to the Police who charged them to Court.

From the point of view of the appellant one Omoruyi asked him to help clear the grass in her garden. He went with Omoruyi and three inmates to the farm. He was the leader of the team and went round to inspect the work of the other inmates. At a point he left for a place called Ogbemudia Pond. At the pond he heard some noises and saw people running helter skelter. He had at that point escaped but was caught by some vigilante group who handed him over to the police. He denied the charge and stated that his co-accused was not in the team he took to work for Omoruyi.

At the conclusion of the trial, the learned trial Judge first dealt with the second accused person. His Lordship held:

“It is my view that the prosecution has failed abysmally to prove the charges or offences as laid against the 2nd Accused person beyond reasonable doubt as required by Law. Consequently, the 2nd accused person is hereby and accordingly discharged and acquitted on the

two count charge of the information.”

In the case of the appellant, the learned trial Judge held:

In the result, arising from all the analysis, I hold that the prosecution has proved the guilt of the 1st accused person beyond reasonable doubt as required by law. In the circumstances, I find the 1st accused person guilty of the murder of Lucky Ononike (m) and I hereby convict him accordingly.”

Accordingly the appellant was sentenced to death by hanging.

Dissatisfied with the judgment, and sentence of death passed on him, the appellant appealed to the Court of Appeal, Benin Division. That Court on 23rd April 2012, dismissed the appeal and affirmed the judgment of the trial Court.

Appellant further appealed to this Court on two grounds from which he distilled the two issues reproduced below: