Eze Kalunta & Ors V. The State (2016)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

This is an Appeal against the Ruling of the Honourable Justice J.E. Adiele of the Abia State High Court sitting at the Uzuakali Judicial Division which Ruling was delivered on Thursday, the 24th day of October, 2013 refusing the Accused Persons/Applicants/Appellants??? Applications for:
(a) An Order quashing or setting aside the information of murder against the four Appellants (then Accused Persons/Applicants; and
(b) Such further Order or Orders as the Court may deem fit to make in the circumstances.

It would be recalled that the four Accused Persons/Applicants/Appellants were indicted and information to that effect dated 10th day of October, 2011 was filed on the 3rd day of November, 2011 alleging that the Four persons committed the offence of murdering Chief Ogbonna Ihueze contrary to Section 319(a) of the Criminal Code. Before and without taking their respective pleas upon arraignment, Chief Nnamdi D. Uchendu of Counsel filed four separate Applications by way of Motions on Notice respectively on the 2nd day of July, 2012 but dated the 25th day of

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June, 2012.

In support of each of the Applications were Eleven(11) paragraphed Affidavits deposed to by each of the Accused/Applicants, a Written Address and the extra judicial Statements of the Witnesses as well as the Investigation Report from the Deputy Commissioner of Police, Zonal Criminal Investigation Department, Zone 9 Headquarters, Umuahia which Report is dated 31st August, 2010 and duly endorsed by Asst. Inspector General of Police Zonal Criminal Investigation Department Zone 9 Headquarters.

As can be gleaned from the Affidavits each of the Accused/Applicants deposed to the facts that:
1. They were the Accused/Applicants in the Application.
2. They had been shown the information wherein they were charged with the murder of one Ogbonna Ihueze.
3. For Ugoeze Iheoma A.Kalunta (2nd accused/Applicant) the 1st Accused H.R.H. Eze Dr. Ariwodo Kalunta was his late Husband who died and his remains was to be interred at a time to be decided by the members of her matrimonial family.
4. That they did not murder Ogbonna Ihueze or any person at all.
5. That on the 1st day of June, 2010; when Ogbonna Ihueze allegedly died and his

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remains found in a raven/pit, they were in their respective houses and respective villages.
6. That they never sent or arranged with any person to murder Ogbonna Ihueze.
7. That when the incident occurred, the Prosecution Witnesses made Statements to the Police at the Divisional Police Headquarters, Bende, to the effect that they did not know who murdered Ogbonna Ihueze or whether he was murdered. Copies of the Statements were Exhibited and marked Exhibit ???A???.
8. That the Police Officers found no merit in the allegation of murder against them and accordingly admitted them to bail.
9. That in his Investigation Report to the Assistant Inspector General of Police in-charge of Zone 9 Police Headquarters, Umuahia, Mr. John E. Achuam, in-charge of Zonal Criminal Investigation Department, stated that there was no ground on which to sustain our prosecution for murder.
10. That they had read the Statements made by the Prosecution Witnesses and they were informed and verily believed, that they do not contain/disclose any prima-facie case against them.
11. That they made the Affidavits bonafides and in accordance with the Oaths

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Act, Laws of the Federation, 2004.

A perusal of the Affidavits of the 2nd, 3rd and 4th Accused/Applicants/Appellants would reveal that whereas the 2nd Appellant was the wife of the 1st Accused His Royal Highness, Eze/Dr. Ariwodo Kalunta the 3rd Appellant was the Traditional Prime Minister to the deceased 1st Accused while the 4th Appellant was a junior brother to the deceased 1st Accused.

Upon being served with the originating processes, the Respondent through Tolu Omotehinse (then a Pupil state Counsel in the Department of Public prosecutions) swore to Counter-Affidavits on the 8th day of May, 2013 against the grant of the Applications. The grounds upon which the Respondents objection was anchored were as follows:
???1. That she was conversant with the facts of the case.
2. That she had the consent of the Respondent to swear to the Counter-Affidavit.
3. That paragraphs 4 ??? 10 of the respective Accused/Applicants were false.
4. That by the statement of Chinedu Ogbonna, there was prima facie case of conspiracy and murder of Chief Ogbonna Ihueze against the Applicants.
5. That the information sought to be quashed by

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