Akaninyene Benson Brown V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A.:(Delivering the Leading Judgment)

This is an appeal against the Ruling of High Court of Akwa Ibom State, Ukanafun Judicial Division delivered by the Hon Justice Ezekiel Ennang on the 31st July, 2015. The 4th Accused/Appellant was the 4th Accused person at the Lower Court whilst the 1st Respondent was the complainant and 1st, 2nd and 3rd Accusesd persons respectively.

The 1st – 4th Accused/Appellants were charged with conspiracy, Murder and causing grievous harm under Section 33,326(1) and 344 of the Criminal Code Law respectively cap 38 vol. 2 Laws of Akwa Ibom State of Nigeria 2000.

In Count 1, the 1st – 4th Accused/Appellants were alleged to have conspired on the 18th March, 2015 amongst themselves to kill one Hon Okon Joseph Uwah. In Count 2, the 1st – 4th Accused Appellants were alleged to have murdered one Hon. Okon Joseph Uwah on the 15th March, 2015. In Count 3, the 1st – 4th Accused Appellants were alleged to have murdered one Hon. Okon Joseph Uwah on 18th March 2015 did grievous harm to one Uduak Jackson Essien.

?Upon the information being filed and served on them, the lst-4th

Accused/Appellants counsel filed an Application by way of Motion on Notice on the 12th June, 2015 to quash the information or strike out the three count information. The 4h Accused counsel filed an Application and sought to strike out the charge for failing to disclose a prime facie case of conspiracy ,murder and causing grievous harm.

On the 10th July, 2015, the Lower Court delivered Judgment and refused, hence this appeal. In trying to argue this point, the 4th Accused distilled 4 issues for determination.

(1)Whether the trial Court can rely on hear-say evidence to establish prima facie case of Conspiracy, murder and causing grievous harm against the 4th Accused/Appellant when the 4thAccused/Appellant was not at the scene of crime (ground 1).

(2) Whether the Learned trial Judge was right to have held that a prima facie case of Conspiracy, murder, causing grievous harm was established against the 4th Accused/Appellant in the circumstances, particularly when the identity of 4th Accused/Appellant and the Alibi raised was not resolved by the prosecution (ground 2).

(3) Whether a Criminal charge preferred in the Magistrate Court without

Jurisdiction which was sent to the Director of public prosecution and adjourned sine die amount to the termination of the criminal proceedings and whether the filing of information at the same time at High Court did not amount to abuse of Court process, and criminal jeopardy against the 4th Accused/Appellant. (ground 3)

(4) Whether the Learned trial Judge can rely on disputed State Law to Rule against the consent to prefer information at High Court of Akwa Ibom State under valid existing Law.

In arguing issue No.1 above, Learned Accused/Appellant’s counsel referred the Court to the case of Olatunbosun vs. State (2013) 17 NWLR pt 1382 at 197 where the Supreme Court held thus:-

“It is the duty of counsel especially in murder cases to promptly take objection to any or every perceived irregularity at least to procedure or charge.”