Ugo Ovuoba V. The State (2016)

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RITA NOSAKHARE PEMU, J.C.A. 

 This is an appeal against the Judgment of Hon. Justice P. O. Elechi delivered on the 28th of June 2013, sitting at the High Court of Ebonyi State of Nigeria holden at Abakaliki in charge No. HAB/6C/2012. The learned trial Judge found the Appellant and the others guilty as charged and convicted them to seven years imprisonment.
FACTS LEADING TO THE APPEAL
?The Appellant UGO OVUOBA (m) was arraigned before the High Court of Ebonyi State holden at Abakaliki, with five others for the offence of Arson, contrary to Section 443 (a) of the Criminal Code Law, Cap 33. Vol. 1. Laws of Ebonyi State of Nigeria 2009.
They were alleged to have willfully and unlawfully set fire on the dwelling house of one Michael Onyibe on the 23rd of May 2011.
At the trial, the prosecution called four witnesses including P. C. Ojukwu PW4, who was the Investigating Police Officer.
The Prosecution also tendered five (5) Exhibits A, B, C, D, E; Id I-e were also tendered.
The Appellant called fourteen (14) witnesses, and tendered four Exhibits – B, B, J and H

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respectively.
Simply put, the case of the prosecutor is that on the 23rd of May 2012, the Appellant with others conspired among themselves ad set fire on the dwelling house of Michael Onyibe.

That the Appellant raised the defence of ALIBI – that he was not in Mgbo Agbaja village on the day of the alleged crime.

At the end of the trial, the lower Court convicted the Appellant as charged and sentenced him to a term of seven (7) years imprisonment on the 28th of June 2013. – Pages 136-153 of the Record of Appeal.

The Appellant is dissatisfied with the Judgment of the lower Court and is desirous of appealing it.

Pursuant to the practice Direction of this Honourable Court, the Appellant filed a Notice of Appeal on the 9th of September 2013 with two (2) Grounds of Appeal viz –
GROUND ONE “The learned trial Judge erred in Law when he dismissed the case of Alibi and put forward by the accused person in his defence in the charge of Arson made against the accused person.”
GROUND TWO “The learned trial Judge erred in law when he held without proof that the accused was the person that set fire on the properties

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notwithstanding the age long case of village autonomy that both parties accepted it exist, which metamorphose to this malicious allegation.”
Pages 154-157 of the Record of Appeal.

The Appellant filed his brief of argument on the 10th of October 2014, but same was deemed filed on the 10th of October 2014. It is settled by Sir Ejike Ezenwa.

The Respondent’s brief was filed on the 8th of January 2016 but deemed filed on the 28th January 2016. It is settled by Rt. Hon. Augustine N. Nwankwo, Attorney-General, Ebonyi State.

The Appellant filed a Reply brief on the 22nd of March 2016, but same was deemed filed on the 9th of  May 2016.

On the 9th of May 2016, the parties adopted their respective briefs of argument.