Alex Ogale Osiriejor V. The State & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment)

The facts generating this appeal are horrifying to say the least. They relate to Mrs. Faith Ejemuta Akporoghene who is a trader, and a housewife. She is married to one Joseph Odhomor. On the 2nd of July, 2010, and in the course of her business, she visited the Warri City hotel in order to collect her money from one of the girls lodging in the hotel.

At around 3.00 pm of the same date, while on her way home, the hotel Manager called and demanded that she bring back the girl she took from the hotel. She denied taking any girl from the hotel.

On the 12/7/2010, the said Mrs. Faith Ejemeta Akporoghene, (PW 2) on her way to Oyede, while close to the Warri City hotel, one Orobor, and Onoma in the company of Rellingson Ogbor and other boys, accosted and dragged her from her motorcycle into the hotel led by one “Okrobodo” who was their Gang leader; and taken into the hotel, where she was locked up together with her baby. She later called her father in law (PW 1), to come with the sum of N16,500.00, demanded by her assailants and to bail her from the gang.

Her father in-law upon arrival was told that his daughter in-law aided the escape of a female prostitute from the hotel, and the sum of N16,500.00 demanded was meant to offset the expenses they incurred in trying to get the escaped girl. Following the pleas made to Okrobodo by her father in-law, the said Faith Ejemeta, his daughter in-law was released to him on the condition that the money would be paid by 4.00pm. Unfortunately, the money was not paid, and on the 11th of August 2010, Joseph Odhumor the husband of Faith was murdered.

In the course of investigation, the appellant OROBOSA UKELEGHE and ALEX OGALE OSIRIEJOR were apprehended and arraigned on a five count charge which reads as follows:

(1) Conspiracy to commit a felony to wit, Kidnapping, punishable under Section 516 of the Criminal Code Law C21, Laws of Delta State 2006.

(2) Kidnapping punishable under Section 364(2) of the Criminal Code Laws Cap C.21, Vol. 1 Laws of Delta State, 2003.

(3) Demanding with menaces punishable under Section 406 of the Criminal Code Cap. C21, Vol. 1, Laws of Delta State, 2003.

(4) Conspiracy to Commit Felony to wit: Murder punishable under Section 516 of the Criminal Code Law Cap C21 Vol. 1 Laws of Delta State, 2006.

(5) Murder punishable under Section 319(1) of the Criminal Code Laws Cap. C.21 Vol. 1, Laws of Delta State, 2006.

The two accused persons having pleaded not guilty to the Counts of the charge read to them, the prosecution on the 4th of October 2011 opened its case, and in the course of trial, six witnesses testified for the prosecution, and Exhibits were tendered. The defence opened and closed their case on the 4th of December, 2012. At the close of addresses by the learned counsel, the vexed judgment was delivered on the 19th of March, 2013. In the said judgment, the appellant was found guilty of four of the five count charge, and sentenced to various terms of imprisonment, and also to death by hanging. This is at pages 68-94 of the records.

Being dissatisfied with the said judgment, appellant filed a notice of appeal dated the 18th of June 2013, and deemed filed on the same date, containing three grounds of appeal. This is at pages 103-105 of the records. The grounds of appeal, shorn of their particulars, reads as follows:-

(a) The Delta State High Court coram: Fred O. Oho J. hereinafter referred to as the Lower Court erred in law when he held that “from the totality of the evidence in this case, along with “Okrobodo” the leader of the gang the 1st and 2nd accused person played key roles at every turn of events and in all activities which began with the kidnap saga of PW 2 and until it all culminated in the killing of the deceased Joseph Okhomor. I find the offences of conspiracy in counts 1 and 4 established… and thereafter convicted the appellant.