Anthony Omoruyi V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The present appeal is against the Judgment of the High Court of Edo State, holden at Benin Judicial Division, delivered on July 15, 2009 in charge No. B/31/C/2007. By the said judgment, the lower court, coram E.F. Ikponmwen, J; convicted and sentenced the Appellant to death by hanging for the offence of murder of one Helen Aganmwonyi.

The offence is punishable under Section 319(1) of the Criminal Code, CAP. 48 volume II Laws of the defunct Bendel State, 1976 applicable to Edo State. Dissatisfied with the said conviction and sentence passed thereupon, the Appellant filed a notice of appeal on 04/8/09 in the registry of the court below.

BACKGROUND FACTS:

On 28/06/07, the Appellant was arraigned before the court below upon a one count charge to the following effect:

STATEMENT OF OFFENCE

Murder punishable under Section 319(1) of the Criminal Cap. 48 vol. II, Laws of Bendel State of Nigeria, 1976 as applicable to Edo State.

PARTICULARS OF OFFENCE

ANTHONY OMORUYI (M) on or about the 6th day of September, 2006 at No.1 Enobokhare Street, Off St. Saviour, Benin City, in the Benin Judicial Division murdered one Helen Aganmwonyi (f) by stabbing her with a knife.

Not unexpectedly, upon his arraignment before the court below on the said 28/6/07, the Appellant pleaded not guilty to the one count charge in question. Eventually, the case proceeded to trial. In proof of the case thereof, the prosecution called a total of five witnesses and tendered various document which were admitted – Exhibits A, A1, A2, B, C & C1, respectively.

On the other hand, the Appellant testified as the sole witness in his own defence. At the end of the trial, the respective learned counsel orally addressed the court below, thereby resulting in adjourning the case for delivery of judgment. Indeed, on 15/7/09, the vexed Judgment was delivered to the conclusive effect thus:

I find from the evidence led by the prosecution that the case against the accused person is proved beyond doubt. The circumstantial evidence coupled with the confessional evidence of accused person which is proved true have conclusively, positively proved the charge of murder as laid against the accused person I have no doubt in my mind, as to guilt of the accused person in view of the available evidence.

Consequently, I find the accused person guilty as charged and I convict him accordingly.

Allocutus:- I plead for leniency. He is a first offender.