Anthony Itu V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Delivering the Leading Judgment)

The instant appeal is a fall-out of the Judgment of the High Court of Delta State, Ozoro Judicial Division, which was delivered on February 13, 2012. By the Judgment in question, the court below, coram the Hon. Justice E.I. Oritsejafor, convicted the Appellant for murder and accordingly sentenced him to death by hanging. Not unnaturally, being dissatisfied with the said conviction and sentence, the Appellant appealed to this court upon four grounds of appeal.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL

The genesis of the instant appeal is traceable to October 12, 2009. That was the day the Appellant was arraigned before the court below upon a one count information (charge) to the following effect:

STATEMENT OF OFFENCE COUNT 1.

Murder punishable under Section 319(1) of the Criminal Code Cap.48, Vol. II, Laws of the Defunct Bendel State 1976 as applicable to Delta State.

PARTICULARS OF OFFENCE

ANTHONY ITU (M) on or about the 9th day of January, 2008, along Ulli-Iyede Village, Ozoro, within Ozoro Judicial Division, murdered Godswill Itu

Not unexpectedly, the Appellant was recorded to have pleaded not guilty to the one count charge. With a view to proving the guilt of the Appellant beyond reasonable doubt, the prosecution called a total of six witnesses who testified as PW1 – PW6. The prosecution also tendered four exhibits, which were admitted by the lower court as exhibits A, B, C & D, respectively. At the close of the prosecution case, the Appellant gave evidence. His wife, Blessing Itu, equally testified as DW1 in defence thereof.

At the conclusion of the defence, the learned counsel to the respective parties addressed the lower court. Whereupon the court proceeded to deliver the vexed Judgment on the 13/02/12 to the conclusive effect, thus:

From the evidence placed before this court by the prosecution and in particular, the two extra judicial statements of the accused person tendered and admitted as Exhibits A and B and the evidence of the PW1 Faith Itu and PW5 Dr. Emelereta Emmanuel which corroborates and is consistent with the facts contained in the said extra judicial statements Exhibits A and B, I hold that the prosecution proved beyond reasonable doubt that the accused person murdered the deceased Godswill Itu on the 9th of January, 2008 at Ulli-Iyede Village and I find the accused guilty of the offence of murder.

Consequent upon the conviction of the Appellant for murder, the lower court proceeded to sentence him thus:

“The sentence of this court upon you Anthony Itu is death by hanging by the neck till you be dead and may the Lord have mercy on your soul.”

As alluded to above, the instant appeal is against the said conviction and sentence passed upon the Appellant by the court below. Consequent upon the compilation and transmission of the Record of Appeal from the lower court to this court, the learned counsel in compliance with the extant Rules of this court, 2011, filed their respective briefs of argument. Most particularly, the Appellant’s brief was filed on 10/9/12 by Ayo Asala Esq. That of the Respondent was filed on 07/01/13 by O.F. Enenmo Esq. DDPP Delta State Ministry of Justice.