Alban Ajaegbo V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The appellant herein was among 7 persons arraigned before the High Court of Imo State, sitting at Owerri in charge No. HOW/7C/97 on a one count charge of murder contrary to Section 319 (1) of the Criminal Code Cap. 30 Vol.II Laws of Eastern Nigeria applicable in Imo state. They all pleaded not guilty to the charge. The prosecution called 11 witnesses and tendered documentary evidence. The appellant was the 1st accused. All the accused persons testified in their own defence. At the conclusion of the trial and after considering the written addresses submitted by counsel, the learned trial. Judge, on 23/1/2003 found all the accused persons guilty as charged. They were all convicted and sentenced to death by hanging.

The genesis of this case is the infamous Otokoto affair that took place in Owerri, Imo State on or about the 19th day of September, 1996 at the Otokoto Hotel. The facts of the case as can be gleaned from the record are as follows:

On the 20th day of September, 1996 one Innocent Ekeanyanwu was arrested with the severed head of the

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deceased, a young boy of 11 years, named Anthony Ikechukwu Okoronkwo in a black nylon bag. Upon interrogation, it was discovered that he was a gardener at the Otokoto Hotel where he also resided. Otokoto Hotel was owned by Vincent Duru (alias Otokoto) the 7th accused. He initially led the Police on a weird goose chase saying that he murdered the boy and dumped him in Mba River. A search did not yield anything. On the 22nd of September, 1996 the investigating team returned to the hotel. There they found a shallow grave in a cassava farm belonging to wife of the 7th accused, behind Ekeanyanwu’s room. A decomposing headless corpse was exhumed from the grave. It was found that the tip of the penis had been cut off .The headless body was clothed in a short sleeved shirt and a pair of shorts. There were some coins in the pocket. The corpse was identified to be that of the deceased. As a result of the discovery, some arrests were made. It was discovered that the appellant and the 2nd accused, Sampson Nnamito shared a room with Ekeanyanwu at the hotel. A sharp matchet was recovered from the room. The 3rd and 5th accused persons also resided in the hotel.

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It was the prosecution’s case that the deceased was hawking groundnuts around the premises of the hotel on the fateful day when he was lured inside the hotel by Ekeanyanwu under the pre of buying groundnuts from him and was subsequently killed by the said Ekeanyanwu with the assistance of the appellant and the 2nd accused, Sampson Nnamito. Ekeanyanwu was said to have confessed to the crime by informing the Police in written statements (Exhibits 21 and 36) that at the time of his arrest, he was in the process of delivering the severed head of the deceased to the 6th accused, Chief Leonard Unogu, who was his uncle on the instructions of Vincent Duru, the owner of the hotel. He stated that he did not meet Chief Unogu and was on his way back to Owerri when he was arrested. The accused persons were arrested as a result of the information contained in Exhibits 21 and 36. It is pertinent to note that Ekeanyanwu never stood trial, as he died in prison custody before the conclusion of the investigation.

Six of the accused persons, excluding Chief Leonard Unogu (6th accused) were dissatisfied with their conviction and sentence by the trial Court and filed separate appeals as follows:

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CA/PH /171A/2004: Rufus Anyanwu (4th accused).

ii, CA/PH/171B/2004: Ebenezer Egwuekwe (3rd accused).

iii. CA/PH/171C/2004: Vincent Duru (7th accused).

iv. CA/PH/171D/2004: Alban Ajaegbo (1st accused/appellant).