Esonu Chukwunyere V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Owerri delivered on 6th August, 2014 wherein the lower Court affirmed the trial High Court’s conviction and sentence of the appellant to death. The appellant was charged along with one Obineche Chukwunyere for the murder of one Beatrice Kwemma by killing her using an axe, contrary to Section 319 of the Criminal Code, Cap 30 Vol. 11 Laws of Eastern Nigeria 1963, applicable to Imo State of Nigeria. The offence is said to have been committed on 14th January, 2002 at Ozara Ihube, Okigwe, Imo State. A synopsis of the facts leading to this appeal will suffice.

The record of appeal discloses that on 14th January, 2002, at about 8.00am, the deceased, Beatrice Kwemma was preparing to go to the farm to harvest cassava. She instructed her grandson, Chijioke Kwemma to come to the farm later and carry home the harvest. According to the prosecution, it was at that point that the Appellant and one Obineche, in company of another person, passed opposite the house of the PW1. Appellant was wearing dark glasses and they

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focused their attention at the house of the deceased as they passed, while the deceased was discussing with her grandson. The deceased later went to the farm, and when PW1 joined her in the farm as agreed, he saw the appellant cutting his grandmother (the deceased) with an axe with one other boy he (PW1) could not identify. The deceased was already down on the ground as appellant was hitting her with the axe while the other person was holding her leg.

The PW1 was terrified and ran to the house of his father’s sister, Catherine Nwakamma to report. He also reported this incident to the Village Chief. The villagers trooped out to the farm, but could not see the assailants. They saw the corpse of the deceased lying on the ground, and while they were searching for the killers in the farm, somebody saw and picked a dark glasses in the farm which belonged to the appellant.

PW2 told the Court how he heard the noise about the death of the deceased and went to the village Chiefs house to hear from PW1 what actually happened. They left to the farm where they saw the body of the deceased woman lying on the ground. He said that while they were searching for the killers,

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he picked the dark goggle (glasses) which PW1 confirmed belonged to the appellant and he handed it over to the police.

The 3rd prosecution witness was a Medical Doctor. He tendered Exhibit 2 – The Post Mortem examination report which indicates that the cause of death was a deep laceration on the left jaw, soft tissue swelling of the scalp, with multiple compound fracture of the skull. In his opinion, the cause of death was as a result of brain injury caused by blunt/sharp object.

PW4 was the investigating Police Officer (IPO). He tendered the statements of the Appellant, dated 17/1/2002 as Exhibit 4 and 4A. He told the Court that the eye glasses (goggle) that were recovered were transferred with the original case file to Owerri C.I.D. and were with the Exhibit keeper.

At the close of the prosecution’s case, appellant gave evidence in his defence as DW1. He called no witness – He claimed he travelled home (village) on 13/1/2002 and left on 14/1/2002 at about 8.00am. He denied killing the deceased. At the conclusion of the trial, the trial Court believed the evidence of the prosecution and convicted the appellant while discharging the 1st

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accused person Chineche Chukwunyere. Appellant was then sentenced to death by hanging.