Chidi Edwin V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

The charge against the appellant as accused person at the High Court of Justice, Ondo State, holden at Akure (the trial Court), was murder, contrary to Section 319 of the Criminal Code (Cap. 30, Vol. II, Laws of Ondo State of Nigeria) 1978. The appellant was alleged to have, on or about the 28th of April, 2011, at Wasimi Via Bolorunduro, murdered one Happiness Ndubueze, by striking her with matchet. The appellant pleaded not guilty and the case went into full hearing. At the end of hearing, the learned trial judge found that the prosecution proved beyond reasonable doubt, the guilt of the appellant. The learned trial judge convicted and sentenced the appellant to death by hanging.

Dissatisfied by the trial Court’s judgment, the appellant appealed to the Court of Appeal, Akure (Court below). The Court below found no merit in the appeal and it dismissed same.

The appellant proceeded to this Court on further appeal that the decision of the lower Court was in the circumstance, unwarranted and an error in law.

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In this Court, the parties filed and exchanged briefs of arguments as required by this Court’s Rules.

Learned counsel for the appellant formulated the following two issues for the determination of the appeal:

1. “Whether the lower Court was right in affirming the judgment of the trial Court when it failed to properly evaluate the evidence led and defence put up by the appellant before reaching its decision of convicting the appellant of the offence of murder and thereafter sentenced him to death by hanging (Grounds 1, 2 and 3 of the Notice of Appeal).
2. Whether the lower Court was right in affirming the judgment of the trial Court when it failed to accord the appellant his right to fair hearing, and proceeded to sentence the appellant to death after conviction without affording him the right of Allocutus. (Ground 4 of the Notice of Appeal).”

In his amended respondent’s brief of argument, learned counsel for the respondent, equally, set out two issues for determination. They are as follows:

1. “Whether or not the lower Court rightly affirmed the judgment of the trial Court in holding that the learned trial judge in his judgment properly evaluated the evidence led and defence put up by the

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appellant before reaching his decision convicting the appellant for the offence of murder and thereafter sentencing him to death by hanging.

2. Whether or not the lower Court rightly affirmed the judgment of the trial Court in holding that the appellant’s right to fair hearing was not contravened and that the trial Court was right in proceeding to sentence the appellant to death after conviction without affording him the right of allocutus.”

I adopt appellant’s issues in considering this appeal.

The 1st issue by the appellant is on evaluation of evidence by the trial Court. Learned counsel submitted that the lower Court failed to consider the explanation and narration made by the appellant at the Police Station where defence of alibi was timeously raised in his statement. One Mr. Babatunde who gave the appellant the Cocoa Farm to brush (Afum Farm) for him at the time the incident occurred, was neither investigated nor called upon to testify as to the truthfulness of the defence of alibi raised by the appellant. Sowemimo v. The State (2004) NQLR Vol. 28, 14 at page 34 was cited in support.

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The appellant showed in his statement how he got involved in any available menial jobs like selling Yoghurt, engaging in farming activities with which he was engaged with on the day of the incident. Learned counsel argued that it was inconceivable for the appellant to be in two places at a time; on a farm given to him by Babatunde (Afum Farm) to brush and be at the same time in the bush. The police never investigated or faulted these explanations or alibi, which is tantamount to admission on its part. Learned counsel cited two cardinal principles of the law that (a) a Court must consider all defences raised by the accused, no matter how stupid or unreasonable and (b) no claim of alibi should be disregarded. Learned counsel cited in support the cases of Bolanle v. The State (2010) NCC Vol.5, at pages 1 & 10; Udoebre v. The State (2006) NSCQLR, Vol.6 page 755 at p.766. The explanation of alibi made by the appellant casts whole world of doubt on the respondent and it ought to have raised doubt in the mind of the lower Court which ought to have been resolved in favour of the appellant, resulting in his acquittal. Onuchukwu v. The State (1998) 4 NWLR (Pt. 547) 576 at 592; Ajose v. State (2002) 7 NWLR (Pt. 766) 302 at 319 D – E, were cited.