Chukwu V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

ABDU ABOKI, J.S.C.

This is an appeal against the decision of the Court of Appeal Enugu Division (herein called the Court below) which judgment was delivered on the 29th day of June 2019.

The Appellant was tried before the High Court of Ebonyi State on a one count charge on the offence of murder contrary to Section 319 of the Criminal Code Law Cap 33 Vol 1 Laws of Ebonyi State. The one count charge is reproduced as follows:

Statement of offence

Murder contrary to Section 319(1) of the Criminal Code Law CAP 33 Vol 1 Laws of Ebonyi State of Nigeria 2009.

Particulars of offence

Amaoge Chukwu on the 31st day of August 2009, at Akaeze Ukwu Village Ndubia River in Ivo Judicial Division murdered Ajali Amah.

The facts leading to this appeal are, that prior to the 31st day of August 2009, the deceased and the Appellant had some sort of misunderstanding which resulted in the deceased always calling the Appellant derogatory names at every given opportunity. On a fateful day, the Appellant went into the bush to defecate wherein he was accosted by the deceased who again rained derogatory words on him.

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The Appellant later saw her at the river bathing and he pushed her into the river where she was later found dead. It is on record that an angry mob attacked the Appellant but the situation was later brought under control. The matter was reported to the Nigerian Police force who arrested the Appellant and commenced investigation into the offence. Six witnesses were called upon by the IPO who volunteered to give in their statements before the Police. See pages 3 of the Record of Appeal. The Appellant also gave an extra judicial statement under words of caution. See page 21 of the Record.

​At the close of investigation, the Appellant was charged before the High Court of Ebonyi State. The Appellant pleaded guilty to the charge but the learned trial Judge entered a plea of not guilty in favour of the Appellant, being that it was a capital offence and the matter proceeded to trial.

​The Prosecution in proof of its case called in a sole witness who was the Investigating Police Officer and tendered ten (10) exhibits. The Appellant entered defense and testified in his defence. After the close of evidence, parties filed their respective final addresses and the

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learned trial judge on the 30th day of June 2014 at pages 62-81 of the Record convicted the Appellant and sentenced him to death by hanging.