Alexander Nnadi V. The State (2016)

LawGlobal-Hub Lead Judgment Report

MOJEED ADEKUNLE OWOADE, J.C.A. 

This appeal is against the judgment of the High Court of Imo State, Owerri Division dated 13th day of May, 2013.

The Appellant and seven other accused persons were convicted on two counts charge of conspiracy and murder by C.M.I Egole J.

The Appellant was charged alongside eight accused persons for the offences of conspiracy and murder contrary to Section 516A and 319 of the Criminal Code Cap. 30 Vol. 11 Laws of Eastern Nigeria 1963 as (amended) applicable to Imo State of Nigeria.

The case of the prosecution in relation to the Appellant is that he was one of those that the PW1 mentioned as the killer of the deceased, his late father – Nze Dominic Duru.

The Appellant who was the 3rd accused gave evidence as DW1 and pleaded alibi.
First, that on 313105 he left his business premises as a butcher to his residence and later that he went to the market.
The prosecution called eight (8) witnesses to prove its case against the Appellant and the other eight (8) accused persons.

?The learned trial Judge placed reliance on the evidence of the only

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eyewitness to the incident PW1 and the pathologist PW4 to convict the Appellant even though two other pathologists testified in defence.

Dissatisfied with the decision of 13/5/2013, the Appellant filed a Notice of Appeal containing fifteen (15) grounds of appeal on 30th day of July 2013.

The relevant briefs and processes for this appeal are as follows:
(a) Amended Appellant’s brief of argument dated 5/2/2015, filed on 23/2/2015 and deemed filed on 26/2/2015 – Settled by D. C. Denwigwe SAN.
(b) Amended Respondent’s brief of argument dated and filed on 11/3/2015 – Settled by C. Anyaoha Esq.
Asst. Chief State Counsel, Imo State,
(c) Appellant’s Reply brief of argument dated 8/6/2015 and filed on 10/6/2015 – Settled by O. O. Okonkwo Esq.
(d) Corrigendum to Amended Appellant’s Brief of argument filed on 21/4/2016 – Settled by O. O. Okonkwo Esq.
(e) List of Additional Authorities filed on 21/4/2016 ? Settled by D. C. Denwigwe Esq. SAN.

?Learned Counsel for the Appellant nominated two (2) issues for determination as follows.
1. Whether the learned trial Judge was right in rejecting the medical evidence as the

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cause of death of the deceased as stated by the DW7 – Dr. Egejuru and the DW8 – Dr. Onoyona but accepted and convicted the Appellant on the evidence of the PW4 – Dr. Gogo Abite? (Grounds 5, 6, 7 and 14)
2. Whether on the totality of the evidence on the printed record the learned trial Judge was right in convicting the Appellant of the offence of conspiracy and murder of the deceased? (Ground 1, 2, 3, 4, 8, 9, 10, 11, 12, 13 and 15).