Olom Adie v. The State (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal Calabar Division delivered on 5th February 2013 affirming the appellant’s conviction and sentence by the trial court of the offences of conspiracy to commit grievous harm and grievous harm, contrary to sections 520(6) and 355 of the Criminal Code Law Cap C16 Vol. 3 Laws of Cross River State of Nigeria 2004. The appellant was the 2nd accused.

He was sentenced to a term of one year imprisonment on each count although on the second count, he was convicted of the lesser offence of causing harm.

The sentences were to run concurrently. Being dissatisfied with the judgment, the appellant initiated this appeal before this court vide his notice of appeal filed on 6/4/2018, with leave of this court granted on 7/2/2018. It contains 5 grounds of appeal.

At the hearing of the appeal on 17/11/2022, Frank O. Ezekwueche, Esq. adopted and relied on the appellant’s brief filed on 30/8/2022 and reply brief filed on 21/9/2022, both deemed filed on 17/11/2022, in urging the court to allow the appeal.

Chief Paul C. Obi adopted and relied on the respondent’s brief filed on 16/9/2022 and deemed filed on 17/11/2022 in urging the court to dismiss the appeal.

The appellant distilled 3 issues from the grounds of appeal thus:

(i) Whether the learned Justices of the Court of Appeal were right in affirming the conviction of the appellant for the offence of assault contrary to section 355 CPL Cap. C16 Vol. 3 of the Criminal Code Law, Laws of Cross River State of Nigeria 2004, when the said offence was not proved beyond reasonable doubt by the prosecution? (Grounds 1, 2 and 5)

(ii) Was the court below right in affirming the admissibility of exhibit 1 (Medical Report) in evidence? (Ground 3)

(iii) Whether the Justices of appeal were right in affirming the finding of fact and verdict that the 2nd and 3rd accused persons conspired to carry out an unlawful purpose, to wit inflicting harm on PW1 (ground 4).

The respondent adopted the appellant’s issues. The appeal shall therefore be determined on the said issues.

The facts that gave rise to the appeal are as follows:

On 25/10/2019, the paramount ruler of Bekwarra Local Government Area in Cross River State summoned a meeting of the Gakem and Agbara Communities to discuss the management of Eyatem Primary School. Both communities are in Gakem where the school is situated. 4 people from each community were invited as delegates. However, there was a large number of members of the communities outside the hall while proceedings were going on.

The complainant, Hon. Agabi Edward Efenji (PW1), alleged that in the course of the meeting, a dispute arose. According to his testimony, the 1st accused, Adie Christopher Ebodo, was not happy with the contribution he made and began to abuse him which resulted in the meeting becoming rowdy. He alleged that at a point he got up to ease himself outside and that the present appellant (2nd accused) and Ajor Eneji (3rd accused) were at the door. As he stepped through the door, he felt a heavy blow from a stick and he fell down. He alleged that a fist blow from the 3rd accused got him back on his feet. He alleged that the 1st accused joined the appellant and the 3rd accused in beating him and that the 3rd accused threatened to kill him if he did not leave the school for the 1st accused. He contended that there had been previous threats against him because he had earlier reported to the elders of the community that the 1st accused wanted to own the school, which was funded by the Cross River Poverty Alleviation Agency.He stated that he was rescued from the accused persons by one Opah Irinam (PW3) and he ran back into the meeting hall. He alleged that it was the appellant, who is a younger brother to the 1st accused that hit him with a stick.