Chiamaka Nnajiofor V. People Of Lagos State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State sitting in Ikeja. The Appellant, with one other, was charged on a one count charge of murder contrary to Section 319 (1) of the Criminal Code Law, Cap C 17 Vol.2 Laws of Lagos State 2005. They both pleaded “not guilty” to the charge. They also denied killing the deceased, one Olive Orakwe.

The State in proof of its case called three witnesses and tendered some exhibits. In defence of the charge, the Appellant, 2nd defendant and one other testified as DW1, DW2 and DW3. At the end of the trial, the learned trial Judge delivered its considered judgment discharged and acquitted the 2nd defendant on grounds that there was insufficient evidence to convict him.

The Appellant was, however, convicted and sentenced to ten (10) years imprisonment for the offence of Manslaughter.

Being dissatisfied, the Appellant filed a notice of Appeal with five (5) grounds. The Appellant also filed her Appellant’s brief on 25th of May, 2014. In it, the Appellant articulated five (5) issues for determination. They are as follows:-

1. Whether the prosecution proved its case beyond reasonable doubt that the appellant actually caused the death of the deceased;
2. Whether there was enough material evidence before the court linking the appellant with the death of the deceased;
3. Whether the circumstantial evidence upon which the learned trial Judge convicted and sentenced the 1st Defendant/Appellant is positive, cogent, strong and which when pieced together, leads to the irresistible conclusion that the 1st Defendant/Appellant indeed committed the crime;
4. Whether it is legally right and just to convict and sentence the 1st Defendant/Appellant based on the personal opinion and view of the trial Judge other than the material fact before the court; and
5. Whether the judgment of the trial court is not perversed and based on conjecture and malice by the PW1-PW3.

The Appellant argued issues one and two together and the three others separately.

In response, the Respondent filed its brief on 10th of July, 2014.

In it, the Respondent articulated just one issue for determination. It is as follows:

“Whether from the totality of evidence adduced at trial, the Lower Court was right to have found, convicted and sentenced the Defendant/Appellant to ten (10) years imprisonment for the offence of manslaughter for the unlawful killing of one Oliver Orakwe”

The issue framed by the Respondent adequately captures all the issues and shall be utilized in the determination of this appeal.

Learned counsel to the Appellant submitted that in a criminal trial, the prosecution has the onus of proving its case against the accused persons beyond reasonable doubt. It is further submitted that, to establish an offence of murder, the prosecution must prove beyond reasonable doubt the following:-

1. That the deceased had died;
2. That the death of the deceased has resulted from the act of the accused; and
3. That the act of the accused was intentional with knowledge that death or grievous bodily harm was it’s probable consequence. See Ita Effiong Ekang vs. The State 2001 Vol. 20 WRN pg. 30; Akinfe vs. The State (1988) 3 NWLR (Pt. 85) pg.729; Ogba vs. The State (1992) 2 NWLR Pt. 222 pg.164; Inyang Etim Akpan vs. The State (1994) 9 NWLR (Pt.368).

Counsel also relied on the judgment of the Supreme Court in Phillip Omogodo vs. The State (1981) 5 SC 5 pgs. 26-27 where the court held that:

“In a murder case as in the instant case, the prosecution cannot succeed in establishing the guilt of the accused unless he established the cause in addition, that the act of the accused caused the death of the deceased”.

That so far, only the first ingredient has been established by the prosecution, in this case. It is submitted that the cause of death in the instant case cannot be attributed to the act of the appellant.