Michael Ankpegher V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, sitting at Makurdi delivered on 9th July, 2013 wherein the Court below affirmed the conviction and sentence of the Appellant for the offence of conspiracy to cause death and culpable homicide punishable with death contrary to Section 97 and Section 221 of the Penal Code respectively.

The Appellant who was the first accused at the trial Court, being dissatisfied with the decision of the Court of Appeal has further appealed to this Court vide Notice of Appeal dated 2nd August 2013 and filed on 5th August 2013. The said Notice of Appeal contains five (5) grounds of Appeal. A brief facts giving birth to this appeal may be stated as follows:

The Appellant was charged together with one Moavega Igba who was the 2nd accused at the High Court of Justice, Markurdi, Benue State on a two count Charge of conspiracy to cause death and culpable homicide punishable with death contrary to Sections 97 and 221 of the Penal Code respectively. At the trial, the prosecution called a total of seven (7) witnesses and

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tendered several documents in evidence in proof of its case. The Appellant testified for himself and called two witnesses in denial of his culpability.

It is the case of the prosecution that the deceased, one Kyernum Kervo, was alleged to have stolen a piece of goat meat at a funeral ceremony, whereupon he was apprehended and handed over to the Appellant and 2nd accused, Moavega Igba by the Elders to take to the Police Station at Gungul. It is their further case that instead of the Appellant and the 2nd accused taking the deceased to the Police station; they took him to the riverside, tied his legs and hands and burnt him to death.

The Appellant, whose conviction by the trial Court was unanimously affirmed by the Court of Appeal, was arrested after the incident with the 2nd accused whereupon they both confessed to the commission of the crime vide Exhibits B and C respectively.

The Appellant testifying in his defence at the Trial Court, retracted the confessional statement in Exhibit B, stating rather, that after the Elders handed over the deceased to him and 2nd accused, directing them to take him to the police station, the elders sent a

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counter instruction that they should bring him back. According to the appellant the counter instruction did not go down well with the irate crowd that was following them, whereupon the crowd seized the deceased from them. Appellant testified further that he and 2nd accused fled the scene upon being threatened by the mob.

From the five grounds of appeal contained in the Notice of Appeal aforesaid, the learned counsel for the Appellant has distilled one issue only for the determination of this appeal.

On 14th December, 2017 when this appeal was heard, learned counsel for the appellant, M.A. Ebute Esq adopted the brief of argument of the appellant filed on 13th November 2017 but deemed filed on 14th December, 2017. The sole issue is contained in paragraph 3.0 of the unpaginated brief and states:-

Whether the prosecution has proved all the ingredients of the offences charged against the Appellant beyond reasonable doubt as required by law.