Amechi Igenti v. The State (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Benin Division wherein the appellant’s appeal against the judgment of the High Court of Justice, Edo State convicting him for murder, was dismissed.

Brief facts

The appellant was tried on a one-count information for murder. Specifically, he was accused of killing one Shadrack Azawuno with a knife.

The case of the prosecution was simply that on 31st December, 2006, PW1 saw the appellant, who told PW1 that both he and the deceased (Shadrack Azawuno) had “forked off” and that he wanted blood. He then tried to stab PW1 with a knife, but he managed to escape with only an injury to his hand.

PW1 tried to warn the deceased, who also tried to flee, but the appellant was able to stab him. PW1 then ran off to call PW2 (Shadrack’s sister), but before they both arrived, the deceased had fallen. He was taken to the hospital where he was confirmed dead on arrival. The appellant ran away, but was later arrested by the Police.

The information upon which the appellant was tried reads as follows:

“Statement of offence

Murder punishable under section 319(1) of the Criminal Code, Cap 48, Vol. II Laws of Defunct Bendel State, 1976, applicable in Edo State.

Particulars of offence

That Amechi Igneti on or about the 31st day of December, 2006 at Iyamu Street, off Textile Mill Road, Benin City in Benin Judicial Division murdered one Shadrack Azawuno.”

The appellant pleaded not guilty and the matter proceeded to trial where the respondent, in its bid to establish the appellant’s guilt, fielded six witnesses consisting of two Investigating Police Officers, the brother and sister of the deceased, PW1 (an eyewitness) and a medical doctor who confirmed that the injuries that led to the death of the deceased were caused by a sharp object.

The respondent also relied on a number of exhibits, including exhibit B, the medical report; exhibit D, the appellant’s first confessional statement that was admitted after a trial-within-trial; exhibit F, the appellant’s other confessional statement, admitted after an objection that he did not make the statement; and exhibit F1, the endorsement by a superior police officer in relation to exhibit F.

On the other hand, the appellant testified alone in his defence and denied committing the offence. Rather, he stated that he, PW1 and the deceased had a fight and that it was PW1 who stabbed and killed the deceased.