Benson Ukwunnenyi & Anor V. The State (1989) LLJR-SC

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KARIBI-WHYTE, J.S.C.

Appellants at the Anambra State High Court, sitting at Nsukka, were charged with two others for the murder of one Chukwuma Okoro. Appellants alone, were on the 23rd September, 1985 convicted and sentenced to death. The other two were discharged and acquitted. Appellants’ appeal to the Court of Appeal was heard in the Court of Appeal Division sitting at Enugu; and dismissed on the 16th June, 1988. This is a further appeal from the judgment of the Court of Appeal by the appellants.

The facts of this case may be stated shortly as follows – Benson Ukwunnenyi, Echena Chito, 1st and 2nd appellants, respectively, Sampson Echa and Ozoemena Chukwuemeka, 3rd and 4th accused persons at the court of trial are all members of the same family and related to one another by blood.

One Paul Onwubiko, a relation of the ‘deceased Chukwuma Okoro who appellants are alleged to have murdered, had in 1982 stabbed the 4th accused, also a relation of the 1st appellant, on the head. Early in the morning of 26th December, 1983, the same Paul Onwubiko had murdered Onuora Chizor, the elder brother of the appellant, who was responsible for his education at Idah Polytechnic, Benue State.

In his statement to the Police and evidence in court, 1st appellant stated that he decided to look for Paul Onwubiko and to know why he had chosen to maim or kill members of his (1st appellant’s) family. It was during this search that he encountered the deceased, a relation of Paul Onwubiko. The deceased engaged him in a fist fight without offensive weapons. In the ensuing exchanges, he applied his knowledge of Karate, kicked the deceased with his leg and knocked him down resulting in the death of deceased. 1st appellant claimed to have fought and killed the deceased alone, and that he did not employ any matchet or sharp instruments. 1st appellant admitted seeing P.W.6 at the scene of the encounter, but denied seeing P.W.4.

The case of the prosecution founded on the evidence at P.W.4 and P.W.6 was quite different. It was that a number of persons comprising the appellants, the 3rd and 4th accused persons and about four or five others at Ogurugu village, murdered the deceased Chukwuma Okoro at about 5 p.m. on the 26th December, 1983. The two eye witnesses called by the prosecution were P.W.4 David Okoro, the 14 year old son of the deceased, and P.W.6 Ukwuta Chekwu, the brother of the deceased who were with him when he was attacked. The hostile group was armed with matchets, axes, clubs. The evidence implicated the first appellant as having stabbed the deceased with a dagger, and the 2nd appellant for inflicting matchet cuts on him. This evidence was corroborated by the Medical evidence of the nature of the injuries resulting in the death of the deceased.

The evidence of the 2nd appellant in his statement to the Police and testimony in court was a complete denial. He said that on hearing that someone had been murdered he ran to the house of their Chief; Chief Tagbo Kpela Ojoma. He was sent by the Chief with others to convey the corpse of Onuora Chizor, to the hospital at Enugu-Ezike. He therefore accompanied the party to the hospital. It was on his return from the hospital after the autopsy on the corpse that he learnt at the Police station about the death of the deceased.

At the end of the trial, the learned trial Judge acquitted and discharged the 3rd and 4th accused persons, on the ground that neither P.W.4 nor P.W.6, who were the only eye witnesses to the crime mentioned in their statement to the Police the 3rd and 4th accused persons who they knew very well when the event was fresh in their minds. He rejected the evidence of the 1st accused, now 1st appellant and the alibi of the 2nd accused, now 2nd appellant. He rejected the alibi because as he said, at p.63 lines 15-18,

“It is inconceivable that on hearing this (i.e. the Paul Onwubiko has killed Onuorah Chizor, his relation) he merely ran to the house of the Chief acd from there to Enugu-Ezike General Hospital without attempting to find out Paul Onwubiko whom he heard killed his relation.”

The learned trial Judge sought for and found corroboration of the evidence of P.W.4 in the evidence of P.W.6 that 2nd appellant was a party to the murder of Chukwuma Okoro, the deceased.

The learned trial Judge considered and rejected the defence of self-defence and provocation raised on behalf of the 1st appellant. He rejected the suggestion that there was any form of fighting between the deceased and any of the accused persons. He also held that none of the provocative acts relied upon by the 1st appellant was offered by the deceased. The trial Judge relied also on the confession of the 1st appellant, but rejected the claim in the confession that he committed the offence alone.

In the Court of Appeal, appellants contended that the evidence of P.W.4, David Okoro, at the age of 16 required corroboration, and that the evidence of P.W.6 Okwuta Chekwu cannot constitute such corroboration. It was also contended that the 1st appellant was provoked. Finally, it was argued that the confession of the 1st appellant that he committed the offence alone ought to have been accepted. The defence of alibi of the 2nd appellant was raised, although considered in the court below was rejected by implication.

All the contentions were dismissed.

It was held that corroboration of the evidence of P.W.4 was not necessary, and that even if it was, it need not be sought in the evidence of P.W.6. The medical evidence was accepted as constituting sufficient corroboration.