Chibuzor Nkem Bouwor V. The State(2016)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal Benin Division, or lower Court for short, delivered on the 16th day of July, 2013 affirming the judgment of Honourable Justice T. O. Diai sitting at the High Court, Ogwashi-Uku in Delta State. The appellant and two others were found guilty and convicted for the offence of conspiracy to commit murder of one Smart Okwute contrary to Section 324 Criminal Code Cap 21 vol. 1, Laws of Delta State, 2006 and sentenced to ten years imprisonment each with hard labour.

FACTS

In the information filed by the State, the appellant and three others were first arraigned before the trial Court on a four count charge of conspiracy to commit murder, membership of unlawful society and accessory after the fact to murder. The prosecution later substituted the charge and a fresh plea was taken. The particulars of offences are hereunder thus stated:

STATEMENT OF OFFENCE: COUNT I

Conspiracy to commit felony to wit: murder, punishable under Section 324 of the Criminal Code Law Cap C21 Vol. 1 Laws of Delta State, 2006.

PARTICULARS OF OFFENCE

Okemefune Ndozie (M),

1 Nosike Iboji (M), Chibuzor Nkembourwor (M) and others now at large on or about the 21st day of March 2010, at Utulu, in Ogwashi-Uku Judicial Division did conspire to commit murder.

STATEMENT OF OFFENCE: COUNT II

Murder, punishable under Section 319 (1) of the Criminal code Law Cap C1 Vol. 1 Laws of Delta, 2006.

PARTICULARS OF OFFENCE

Okemefune Ndozie (M), Nosike Iboji (M), Chibuzor Nkembourwor (M) and others now at large on or about the 21st day of March 2010, at Utulu, in Ogwashi-Uku Judicial Division murdered one Smart Okwute.

STATEMENT OF OFFENCE: COUNT III