Amechi Igenti V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU (Delivering the Leading Judgment)

This is an appeal against the conviction and sentence of the appellant by His Lordship J. Aigbuloko Oyakhirome J. sitting at High Court Benin on the 20th day of April 2010 in charge No. B/80C/2007, The State vs. Amechi Igenti for the offence of murder.

The facts that led to this appeal are as follows: The appellant was charged on a one count charge as follows:-

Amechi Igenti on or about the 31st day of December 2006, at Iyamu Street, off ile Mill Road, Benin City, in the Benin Judicial Division murdered one Shedrack Azawuno (m) and thereby committed murder punishable under S.319 (1) of the Criminal Code Cap. 48, Vol. II, Laws of former Bendel State of Nigeria 1976 now applicable to Edo State.

The case of the prosecution is that on 31st day of December 2006, apparently without any provocation, the accused person stabbed the deceased with a knife on the back of his neck. The deceased died on the way to the hospital. PW1, one Gabriel Ojabuno swore that he was with Shedrack Azawuno (the deceased) and as they came out of the deceased’s house they saw the appellant and two boys in front of a nearby house. He said the appellant shouted at him and the deceased to “forked off” and that he needed blood.

That the appellant brought out a knife from inside his stocking and wanted to stab him and that he dodged and the appellant injured him with the knife on his left hand and that he alerted the deceased that Amechi was holding a knife and that the deceased wanted to run and the appellant stabbed him on the neck with a knife. That he ran and called the deceased’s sister Oghenere and that they both pursued the appellant who ran away. PW1 stated that they carried the deceased to the hospital but that the deceased died on the way to the hospital.

Following the death of the deceased, the case was reported at Ogida police station by one Godspower Anana. The appellant was arrested and taken to Ogida police station. The case was initially investigated by the police at Ogida before it was transferred to the State CID, Benin City. The appellant made two statements confessing to stabbing the deceased which he retracted during the trial. The appellant was later charged on information to the Edo State High Court, Benin City where the case was tried and concluded.

At the trial the accused now appellant in his defence on oath claimed that there had been a previous quarrel between himself and PW1. He claimed that on the day of the incident PW1 told the appellant that he, PW1 was above the appellant and that is “he pass me”. He swore that PW1 started the fight by slapping him and a fight ensued. He claimed that PW1 brought out a knife and while the deceased was trying to separate the fight, PW1 stabbed the deceased. The prosecution called six witnesses and tendered eleven exhibits while the accused person testified on his own behalf and tendered an exhibit. The learned trial judge disbelieved his story and rejected all his defences and convicted him of the offence of murder. The appellant, dissatisfied, has appealed to this court.

In the appellant’s brief settled by Emmanuel O. Achukwu and filed on 21/9/2010, learned counsel identified 2 issues for determination as set out below:

(1) Whether the prosecution proved the guilt of the appellant beyond reasonable doubt?

(2) Whether the confessional statements are admissible against the appellant.

The Respondent’s brief settled by Mrs. C.A. Ebosele, Chief State Counsel, Edo State filed on 21/11/2011 also identified two issues for determination as follows:

(1) Whether the ingredients of the offence of murder as required by law was proved by prosecution beyond reasonable doubt to justify conviction.

(2) Whether the appellant was convicted solely on his confessional statements.