Agbonmwanre Omoregie V. The State (2004)

LawGlobal-Hub Lead Judgment Report

PATRICK IBE AMAIZU, J.C.A.

The appellant was convicted of murder, contrary to section 319 of the Criminal Code, Laws of Bendel State, applicable in Edo State. He was sentenced to death by the High Court of Justice, Edo State in the Benin Judicial Division.

A summary of the case of the parties is as follows:

On the 22nd day of November, 1994, one Mary Iginigie (PW1), paid a visit to her brother Friday Agbonghae (the deceased), at No.48 Isokpan Street, Benin City. On the way to her brother’s house, she saw Elizabeth Omerigie (2nd accused), plaiting her hair in a house opposite her brother’s house. It is her evidence, that she heard the 2nd accused send for Isoken Osawaru (the 3rd accused). At the time relevant to this case, the 2nd accused person, the 3rd accused person, PW1, and her husband (PW2), and the appellant lived in the same compound – No.7 Aghedo Street, off ile Mill Road, Benin City. PW1 however had packed out of the house before the incident. This was because of her misunderstanding with the 2nd and 3rd accused persons.

Continuing, PW1 said that she was conversing with the deceased in front of his house when the 3rd accused approached her. The 3rd accused asked her (PW1), if she was the one who drove her out of her husband’s house. She answered her NO. The 3rd accused slapped her and they fought. The 2nd accused joined the fight in order to assist the 3rd accused. The deceased and PW2 tried to separate them. The 2nd accused sent for the appellant (her son) while the fight was going on. The appellant rushed to the scene of the fight with a broken bottle. He joined the fight and in the process stabbed the deceased. The evidence of PW1 was corroborated by the evidence of PW2 and PW4 (the wife of the deceased). The two witnessed the fight.

The appellant made two statements to the police. The first statement was made at Ogida Police Station, Benin City to PW8. The Statement was under caution. Because, the statement appeared to be a confession, the appellant was taken to a superior police officer one Andrew Iyare. Before the officer, the appellant adopted the statement. The statement was tendered at the trial as Exhibit P6.

PW8 the police officer that investigated the case initially, in answer to a question put to him denied being told by the appellant that he (the appellant) was defending himself during the fight. PW8 also denied being told anything about the cutlass which was allegedly used on the appellant. The case file was later transferred to the State C.I.D. Police Headquarters, Benin City. It was there that PW5 took the 2nd statement of the appellant. The statement was tendered as Exhibit P3. To a question put to PW5 by the court as to whether he investigated the part of the statement of the appellant “that the deceased used a cutlass on his hand,” PW5 answered:

“I cannot remember whether he had a cutlass mark on his hand.”

The body of the deceased was identified by PW7 (the deceased’s sister) to the doctor who performed the autopsy. The doctor gave evidence as PW6. In the opinion of the doctor, the deceased died from left arm pit deep stabbed wound with rupture of the arm pit artery and the resultant hypovolemic shock. He testified also that it is very unlikely that the wound on the deceased could be self inflicted because the depth of the destruction required a force which could not be generated by an individual in an attempt to wound himself.

It was the appellant’s case that he was attacked by the deceased with a cutlass. In the appellant’s words:

“When he (the deceased) has cut me, I looked for a broken bottle. As I was going to use it on Friday (the deceased) he raised his hands and it met him on the arm pit.”

The appellant claimed that he told the police at the local station that the deceased attacked him. He claimed that he was treated for the injury the deceased inflicted on him.

The appellant, the 2nd and 3rd accused persons were arraigned before the lower court. The 3rd accused person was discharged on a no case submission. Only the appellant and the 2nd accused stood the full trial.

After the address of the learned counsel for the parties, the learned trial judge reviewed the evidence before her. She accepted the case of the prosecution and found the appellant guilty as charged. The 2nd accused was discharged and acquitted.