Augustine Ugbogbo V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Lagos State High Court delivered on the 4th July, 2014 by HON. JUSTICE E. A. ADEBAYO wherein the trial Court found the Appellant guilty of the offence of murder and convicted him to death by hanging. Aggrieved by the said decision, the Appellant filed a Notice of Appeal filed on the 26/9/14 setting out 6 grounds of Appeal.

The Appellant was arraigned before the trial Court on the following charge:

“STATEMENT OF OFFENCE

Murder contrary to Section 221 of the Criminal Law of Lagos State 2011.

PARTICULARS OF OFFENCE

AUGUSTINE UGBOGBO (M) on the 26th day of January, 2012 at about 2130 Hours, at Railway line, Otto, Oyingbo, Ebute-metta, Lagos, in the Lagos Judicial Division did Murder one ANNA UGBOGBO (F) by throwing a burning stove on her.”

The Respondent alleged that the Appellant threw a burning stove on his wife, deceased Anna Ugbogbo who sustained severe burns resulting into her death.

?The Appellant pleaded not guilty to the charge and trial commenced with the Respondent calling

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2 witnesses and tendered 11 exhibits in proof of its case while the Appellant testified and called one other witness and tendered one exhibit. On consideration of the case, the Court found the Appellant guilty and sentenced him to death by hanging. The Appellant dissatisfied with the decision filed this appeal.

The Appellant’s Brief dated 13th February, 2015 was filed on the same day and it identified 3 issues for determination as follows:

1. Whether the failure of the lower Court to properly evaluate all evidence placed before it and to consider the issues raised by the appellant occasioned a miscarriage of justice.
2. Whether the lower Court was right to convict the appellant on the basis of the alleged dying declaration.
3. Whether the lower Court passed a valid sentence on the Appellant.

The Respondent on its part filed a Respondent?s Brief dated 29th April, 2015 on the 30th day of April 2015. It formulated 4 issues for determination thus:

?i. Whether the Honourable Court was right to hold that the Respondent has discharged the onus of proof placed on it by law to establish the offence of Murder for which the