Asuquo Eyo Okon & Ors V. The State (1988)

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NNAEMEKA-AGU, J.S.C.

On the 5th day of November, 1987, this Court delivered its judgment in the appeal of the 1st, 2nd and 3rd Appellants herein against the confirmation of the Court of Appeal sitting in Enugu on the 17th of September, 1985, of the conviction and sentence of death passed on the three Appellants by an Uyo High Court on the 8th of February, 1986.

This Court dismissed the appeal of the 1st and 2nd Appellants and allowed the appeal of the 3rd Appellant (who was the 4th accused at the court of trial) and fixed today, the 5th of February, 1988, for giving reasons for the judgment. I now give the reasons for my judgment.

The facts from which the appeal arose could be summarised briefly. On the 28th of November, 1976, the deceased, Edem Ekpenyong Asang-Usung, alias Edem Udo Usoro, met the 6th and 7th accused persons on the road in his village, in Mbisong. He held the hand of the 6th accused, Nko Jonah Udoffia, a young lady.

The 6th accused got annoyed about this and then released herself from the grip of the deceased and poured abuses on him. When the incident was reported to the 5th accused Enyong Ekpenyong, she took two young boys who joined the 6th accused to beat up the deceased. A fight ensued. The 5th accused who was armed with a matchet slapped the deceased on the back with the flat side of the matchet. Thereafter, passers-by separated the fight.

Sometime after the fight, the deceased returned to the scene of the fight armed with a lantern to search for his shoes and some money which he allegedly lost during the fight. He was then attacked again by the eight accused persons all of whom were related by blood or in marriage. The 4th accused person (3rd Appellant) hit him on his forehead with a lantern and the deceased fell down. According to P.W.2, the 3rd accused struck him on the chest with an iron rod which came out at the back of the deceased. Then, according to P.W.1, an eye witness:

“I asked what the matter was, but none of them would tell me. The deceased struggled and got up from the ground, but the 1st and 2nd accused got hold of him, and pushed him into the main road towards an on-coming car. The deceased collided with the front tyre of the car and died. The accused then ran away, but I got hold of Jonah the 3rd accused, and questioned him where they were running to after killing somebody.”

Altogether, nine witnesses testified for the prosecution. According to P.W.9- Akpan Setshele Okponegete who performed the autopsy with another junior doctor, Dr. Ekidde:

“There were multiple injuries on the corpse as follows:

(1) Bruises on the back

(2) Bruises on the Right Arm

(3) Bruises on the Buttocks and

(4) The lower abdominal wall.

In addition there were fractures of both humerus (upper arms). The sternum (or breast bone) and the occipot (back of the skull). There was a deep wound on the anterior part of the breast wall and a laceration on the face – a deep one. The death was caused definitely by severe haemorrhage resulting in cardiac arrest. A fall or a push by a mobile instrument could cause the bruises or a mobile vehicle. An impact with an instrument – blunt instrument could have caused the wound on the chest (or breast wall). The impact could have caused the fracture of the sternum. The laceration on the face could have been caused by an impact with a blunt instrument or collision with a mobile force.”