Chidozie Aneke Vs The State (2014)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.C.A.

The original information filed on 28th November, 1994 contained one count charging the appellant and five others with murder contrary to Section 274 (1) of the Criminal Code Cap 36 Vol. 1 Laws of Anambra State of Nigeria, 1986.

On 6th March, 1995 the learned prosecuting Counsel applied for, and was granted, leave to regularize the amended information filed the same day. The amended information also had one count of murder against the appellant and six others.

On 13/3/95, the appellant and each of his six co-accused persons pleaded not guilty to the charge.

Trial commenced before Ezeani, J of the High Court of Anambra State, sitting at Otuocha, Anambra State, on 16/3/95. The State called eleven witnesses and rested its case on 29/2/96. Learned Counsel for all the accused persons made a no-case submission on 4th March 1996 which was over-ruled by the learned trial Judge on 18th April, 1996.

The defence opened its case on 2nd June 1996, called five witnesses and closed its case on 10th June, 1996. Learned Counsel for the parties addressed the Court from 13th June to 8th July, 1996.

In the judgment delivered on 1st August 1996, the learned trial Judge upheld the plea of alibi raised by the 7th accused and verified by the evidence of DW8. The 7th accused was consequently acquitted and discharged. His Lordship found each of the 1st to 6th accused persons guilty as charged and convicted and sentenced each of them to death by hanging. The State did not appeal against the acquittal and discharge of the 7th accused person.

The 1st – 6th accused (convicts) were aggrieved and appealed jointly to the Court of Appeal, Enugu Judicial Division. On 18th July 2001, the Court below dismissed the appeal and affirmed the judgment of the trial Court. Against the said judgment of the Court below affirming the judgment of the trial Court, the appellant, Chidozie Anekwe, appealed to this Court on four grounds.

In the appellant’s brief, settled by Eze Uko, Jnr., the single issue formulated for determination reads:

“Issue for Determination:

Whether the Lower Court was right in affirming the conviction and sentence of the appellant for murder on the basis of the evidence of PW5.”

Learned Counsel for the Respondent, A. O. Okeke, adopted the appellant’s issue in his brief.

In dealing with the lone issue in his brief, learned Counsel for the appellant conceded that the guilt of an accused person can be proved by the confessional statement of the accused or circumstantial evidence or evidence of an eye-witness. He relied on Loyi v. State (1980) 8-11 SC 81; Emeka v. State (2001) FWLR (Pt. 66) 682, adding that for circumstantial evidence to support conviction, it must be credible, cogent and lead unequivocally to the guilt of the accused.

He contended that the circumstantial evidence must be incapable of explanation upon any other reasonable hypothesis than the guilt of the accused. He relied on Nweze v. State (1996) 2 NWLR (Pt. 428) 1.