Augustine Guobadia V. The State (2002)

LawGlobal-Hub Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.C.A. 

The accused/appellant stood trial for the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 48 Vol. II Laws of Bendel State of Nigeria, 1976. He was found guilty and sentenced to death by hanging.

The charge read as follows:-

“STATEMENT OF OFFENCE

MURDER punishable under Section 319(1) of the Criminal Code Cap. 48 Vol. II Laws of Bendel State of Nigeria, 1976.

PARTICULARS OF OFFENCE

AUGUSTINE GUOBADIA on or about 5th day of February, 1987 at Ologbo in the Benin Judicial Division murdered one OSAZUWAMEN (m)”.

The facts are not in dispute. In the morning of 5/2/87, the accused started off to go to the farm with his father Sunday Guobadia who testified as PW3 and Victor. Half way to the farm, the accused changed his mind and returned home with his cutlass. He saw the two years old son of Rosaline his step-mother called Osamudiamen who was sleeping and cut his neck with the cutlass. The mother tried to rush the child to the hospital for treatment but he died on the way. The accused ran away from home but was later arrested the same day and he made two extra judicial statements where he admitted killing the child. In the course of recording the accused’s statements his age was put variously at 20 years and 21 years respectively.

Also during the investigation his father made a statement in which he stated that the accused was 17 years and that he was born in the year 1970.

In the course of trial, the statement in which the accused’s age was put at 20 years was tendered and marked Exhibit “B” and the cutlass, the murder weapon was marked Exhibit “C”. The extra judicial statement of the accused’s father was not tendered in evidence. No evidence whatsoever concerning the accused’s age was given during the trial. Five witnesses testified for the Prosecution. The accused also testified in his defence but called no other witness. Learned counsel thereafter addressed the court and the case was adjourned to 22/7/88 for judgment but judgment was not delivered until the 29/7/88. The defence was centred on Section 28 of the Criminal Code and learned counsel for the accused urged the court to hold that the accused’s mental capacity was impaired and therefore he was deprived of criminal responsibility. The defence was considered and rejected and the accused was accordingly found guilty of murder and sentenced to death by hanging.

The accused as appellant appealed against the judgment by filing the Notice containing two grounds of appeal. He later sought for leave which was granted on 22/1/2002 to file an additional ground of appeal. The grounds of appeal are:-

“1. That the learned trial judge erred in law in convicting the appellant of murder when there was no direct evidence before the court, that the appellant was responsible for the death of deceased.

2. That the decision of the trial judge is therefore unwarranted unreasonable having due regard to the evidence”.

The additional ground reads:-

“The learned Trial Judge erred in law by failing to consider the actual age of the Accused/Appellant by conducting an enquiry as to determine whether the accused/Appellant should enjoy the provision of Section 368(3) of the Criminal Procedure Law of the defunct Bendel State as applicable in Edo State.