Anefok Ukpa V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is against the judgment of the High Court of Lagos State, Ikeja Judicial Division, which was delivered by the Honourable Justice J. A. Oduneye on December 5, 2003 in charge No. ID/28C/96. By the said judgment, the Appellant was convicted and sentenced to death by hanging for the murder of one Daniel Obi. The Appellant was dissatisfied with the conviction and sentence passed there upon by the court below. Thus, he filed the notice of appeal, with the leave of this court.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL

On February 2, 1995 at 7.30pm, one Daniel Obi of No 22B Amaechi Lane, Layenka, Ajegunle was allegedly murdered by the Appellant and some other persons. The Appellant was arrested along with some other persons and taken to Police Station Ajegunle, Lagos. On February 5, 1998, three years after the alleged murder was committed, the Appellant and four other persons were formally arraigned before the court below for trial. At page 24 of the record, the pleas of the Appellant and co-accused persons were entered by the trial court thus:

The one court plea charge is read to the accused persons in English Language. They all understand the charge.

1st accused – not guilty

2nd accused – Not guilty

3rd accused – Not guilty

4th accused – Not guilty

5th accused – Not guilty

Eventually, the case proceeded to trial. A total of four witnesses testified for the prosecution namely: (i) PW1 – Obed Obi (ii) PW2 – Emmanuel Obi (iii) PW3 – Inspector Musafiu Lasisi and (iv) PW4 – Dr. Omotobora. The alleged confessional statement of the five accused persons (the Appellant inclusive) were equally tendered and admitted as exhibits A, B, C, D, & E, respectively.

However, on February 28, 2002, the defence deemed it fit to make a no case submission. On October 24, 2002, the trial court delivered a ruling overruling the said no case submission to the conclusive effect, thus:

Therefore rule that the prosecution has made out a prima facie case against all the accused persons. The no case submission is therefore overruled and I call on each of the five accused persons to enter their defence.

Consequent upon which, the Appellant and the co-accused persons testified in their own respective defence. At the conclusion of the defence, the court was addressed by the respective learned counsel. On December 5, 2003, the court below delivered the vexed judgment, to the conclusive effect, thus: