Joseph Dick v. Commissioner of Police (2009)

LAWGLOBAL HUB Lead Judgment Report – COURT OF APPEAL

ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

Thisis a further appeal from the judgment of the High Court ofJustice, Okrika, Rivers State sitting at Port Harcourt deliveredon the 28th day of October, 2003 coram S. O. Iragunima(J) which judgment upheld the conviction of the appellantcontained in the judgment of the Chief Magistrate’s Court,Okrika delivered on the 4th day of March, 2002.

The appellant at the trial court, was convictedof count 2 of a 2-count charge of conspiracy tocommit misdemeanour contrary to section 517 andmalicious damage to a building valued at N1,300,000.00property of the complainant (PW3) contrary to section 541 of the Criminal Code Laws of Eastern Nigeria, 1963 asapplicable to Rivers State.

The appellant, who was charged along with threeother accused persons was found guilty for the offences ofmalicious damage to property and was sentenced to one yearimprisonment or a fine of N5,000.00 (five thousand naira).His appeal to the High Court, Okrika as will be seen anonwas dismissed. He further appealed to this court on a noticeof appeal consisting of three grounds. The said grounds bereftof their particulars read thus:

“Ground One:

The learned judge erred in law in upholdingthe conviction of the appellant based uponevidence subsequent to the alleged incident ofdamage which evidence were (sic) unreliable,inadmissible, doubtful and/or faulty.

Ground Two:

The learned judge erred in law in holding that‘Exhibit H’ herein from the state of the evidenceis not material as regards the said defence, sincethe evidence is that as at the time of the damagethere was no land dispute between the Odo-Abajihouse of which the appellant was chairman andPW3; the complainant.

Ground Three:

The learned judge misdirected herself when shestated that:

‘Assuming without holding that the defenceof bonafide claim of right was raise (sic) andavailable to the appellant, I am of the viewthat the appellant did not discharge the burdenplaced on him as required by the provision ofsection 141(1) and of the Evidence Act1990’.”

The facts of the case that gave rise to the appeal underconsideration are that: The appellant and three otheraccused persons charged along with him are members of theOdo-Abaji House, Okrika in Rivers State. On the 24th day ofMay, 2000 at Gream Polo sand filled area, they were allegedto conspire amongst themselves and damaged the buildingof the complainant valued at N1,300,000.00.

The appellant and the 2nd accused person were allegedto have gone to the house of the complainant underconstruction and warned the workers to stop work or elsethey would destroy the building.

They went back the 2nd time and informed the workersto stop work for the 2nd time and later the building was foundto have been destroyed. It was alleged that the appellant metthe bricklayer engaged by the complainant and threatenedto deal with him should he make a statement to the policewith regard to the destroyed property.