Ameh Richard V. The State (2018)

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CHIMA CENTUS NWEZE, J.S.C.

At the High Court of Ekiti State, Omuo Ekiti Judicial Division, the appellant and one other accused person, were arraigned on an Information containing a two-count charge of the murder of Ipinlaye Michael and Faluyi Ayo Kehinde contrary to Section 316, and punishable under Section 319, of the Criminal Code Act, Cap C 38, Laws of the Federation of Nigeria, 2004, respectively.

They pleaded Not guilty to the charges; hence, the case went to trial. Out of the ten witnesses listed in the proof of Evidence, the Prosecution called three witnesses, namely, PW1 (a Pathologist), PW2 (Investigating Police Office, IPO, for short) and PW3 (an eye witness). On their part, the appellant and his co-accused person called one witness. They equally testified in their own defence.

At the end of the trial, the High Court (hereinafter, simply, referred to as “the trial Court), finding them guilty as charged, convicted and sentenced them to death by hanging. The appellant’s appeal to the Court of Appeal, Ekiti Division, having been dismissed, he has further appealed to

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this Court urging the Court to allow his appeal. On his behalf, his counsel formulated two issues for the determination of this appeal, pages 5 and 6 of the appellant’s brief.

On the other hand, the respondent framed two concise and appetising issues thus:

1. Whether on a correct evaluation of the totality of evidence adduced and admitted before the trial Court, the Court of Appeal was not right in affirming the conviction of the appellant herein
2. Whether the Court of Appeal was not right in concluding that the appellant was not justified in his discharge of his weapon and therefore seized of the requisite intention to commit murder

Enamoured of the respondent’s precise formulation, I shall adopt them as issues for the determination of this appeal. Before dealing with them, however, a re-statement of the factual background to this appeal would not be out of place here.

FACTUAL BACKGROUND

In the morning of March 23, 2011, members of two political parties, namely, Peoples Democratic Party [PDP] and Action Congress of Nigeria [ACN], clashed in Omuo-Ekiti.

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There were allegations and counter-allegations of the removal of political campaign posters of candidates of the said political parties in the imminent elections.

In consequence of the above development, a team of seven Police men was mobilised to Kota junction, Omuo-Ekiti, the scene of the clash, to restore law and order. While the Divisional Police Officer [DPO] was armed with a pistol, five of the Police men, including the appellant, were armed with AK47 rifles.

At the scene, the appellant shot one Ipinlaye Michael. Corporal Akindele Olaiya, on his part, shot one Faluyi Ayo Kehinde. Both men died from gunshot injuries, whereupon the appellant and Akindere Olaiya were arraigned as aforesaid, tried, convicted and sentenced.