Charles Amadi v. The State (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL ADEMOLA BOLA, JCA (Delivering the leading judgment)

This appeal challenges the decision of the High Court Imo State sitting in Owerri at Owerri Judicial Division presided over by Honourable Justice S. I. Okpara delivered on 30th of March, 2022 wherein the appellant was found guilty of having killed one Osita Opara contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II, Laws of Eastern Nigeria, 1963 as applicable in Imo State.

Aggrieved with the decision of the lower court the appellant filed his notice of appeal on 20th of May, 2022. The notice of appeal consists of 14 grounds. It is on pages 145-156 of the record of appeal. The record was compiled and transmitted on 1st June 2022.

The Amended Brief of Argument of the appellant settled by Azubuike Nwakenta, Esq. was filed on 29th June, 2022. The amended respondent’s brief of argument settled by Osita Chukwuemeka, Esq was filed on 23rd November, 22. The reply brief of the appellant was filed on 30th August, 2022.

Background Facts

This is a case in which the appellant was alleged to have murdered one Osita Opara when he stabbed the deceased a number of times with a knife at the back. The deceased was rushed to a nearby hospital in Ngor-Okpala Imo State. The deceased died before reaching the hospital.

His corpse was deposited at the hospital’s Morgue. The matter was reported to the police at Ngor-Okpala Divisional Police Station. The appellant was arrested. The matter was later transferred to the State C.I.D. Owerri on 19/4/2004 for further investigation. At the end of the investigation by the police, the appellant was arraigned before the court on a one count.

Information of murder contrary to section 319(1) the Criminal Code Cap 30 Vol. II, Laws of the Eastern Nigeria applicable to Imo State. The prosecution/respondent called three witnesses and tendered a number of documentary exhibits. Judgment was delivered on 30/3/2022. The appellant was found guilty of the offence of murder and was sentenced to death accordingly. The defendant appealed against the conviction and sentence.

Respondent’s notice of preliminary objection

The respondent raised a preliminary objection to the hearing of this appeal on the ground that the grounds of appeal were incompetent having been filed outside the time allowed by law.

The grounds of objection consist of the following:

(1) That grounds 1, 2, 3 of the appeal relates to the ruling of the lower court delivered on 15/12/2020 and filed on 20/5/2022 505 days more than 90 days from the decision (ruling) being challenged.

(2) Grounds 9 and 11 relate to the ruling delivered on 21/12/20 and the notice of appeal was filed on 20/5/2022 after 499 days from the date of the ruling appealed against more than 90 dates of the ruling appealed against.

It was submitted that no application for extension of time was made before the filing of those grounds of appeal and therefore they were incompetent. That an appeal against admission or exclusion of evidence in the court of trial was a final decision. Referred to the case Alabi v. Alabi (2008) 11 WRN 87; (2008) All FWLR (Pt. 418) 24 S.C at 279. It was submitted that an appeal against the ruling must be filed within 90 days from the date of the decision. Refer to section 24 of the Court of Appeal Act, 2004.