Clement Oguonzee V. The State (1997)

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IGE, J.C.A.

This is an appeal against the judgment of Edokpayi J. delivered on 1st March, 1996 on a murder charge No. B/16c/95. The appellant Clement Oguonzee an Asst. Superintendent of Police was arraigned before the Benin High Court on the offence of murder of Remigious Mekoba contrary to Sec. 319(1) of the Criminal Code Cap. 48 Vol.II Laws of Bendel State of Nigeria 1976 applicable to Edo State.

In the particulars of the offence stated in the information, the appellant was alleged to have shot and murdered one Remigious Mekoba at Oluku Junction along Benin/Lagos Express Way within Benin Judicial Division on 18/8/94. On 28th September 1995 the accused/appellant pleaded not guilty to the charge of murder.

The prosecution called 4 witnesses while the appellant gave sworn evidence for his own defence but called no witness.

After hearing addresses by the defence counsel and the prosecuting legal officer, the learned trial Judge delivered a reserved judgment on 1/3/96 wherein he found the appellant guilty of the offence of murder and sentenced him to death accordingly.

The appellant has appealed against this conviction. In the notice of appeal filed on 7th March, 1996, the appellant raised the following 2 grounds of appeal.

“(1) The decision is altogether unwarranted unreasonable and cannot be supported having regard to the evidence.

(2) The learned trial Judge erred in law when he held:

“I accept the evidence adduced by the prosecution in support of this case as true and reject the evidence of accidental discharge put up by the accused person as untrue”.

Particulars

(a) The evidence adduced by PW4 was not supported by Exhibit “B” the statement he made to the police;

(b) There was no previous quarrel between the accused and the deceased.

(3) Further grounds of appeal to be filed on the receipt of the records of appeal.”

In this court on 22/10/96 the appellant sought leave to file and argue 2 additional grounds of appeal.