Chief Erasmus Amayanabo V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA E. NWOSU-IHEME, J.C.A. (Delivering The Leading Judgment)

The appellant was arraigned before the High Court of Rivers State, Port Harcourt Division along with one Chief Robert Umana Isiatati with the murder of one Isaiah Bibibama Amah on the 20th day of May, 2008 at Asarama Town, in the Andoni Local Government Area of Rivers State.

At the end of the trial the appellant was convicted of murder and sentenced to death by hanging. Also convicted along with the appellant was the 2nd accused at the lower court one Chief Robert Umana Isiatat.

Dissatisfied with the judgment, the appellant filed a notice of appeal containing eleven grounds of appeal on the 14/5/12. The grounds of appeal without their particulars read:

GROUND 1:

The learned trial judge erred in law when he expunged Exhibit D1 certified true copy of information in charge No. PHC/348CR/2010 The State v. George Adumu & 3 Ors. Charging George Adumu & 3 others for the murder of Isaiah Bibibama in May 2008 because there was no proof of evidence.

GROUND 2:

The learned trial judge erred in law when he held that curiously there was even no credible evidence to show that the person Isaiah Bibibama in Exhibit D1 refers to the same person Isaiah Bibibama Amah.

GROUND 3:

The learned trial judge erred in law when he held that after the murder of the deceased, accused persons fled to Ebukuma to meet a native doctor called Beke to cover his tracks and was revealed and brought to Asarama on 6/6/2008 by Ebukuma boys led by Monday Mkpero and that this evidence was not challenged by the defence.

GROUND 4:

The learned trial judge erred in law when he held that the accused persons had a duty to call the father of the deceased as a witness on the question that at the behest of Chief F. D. Abadi and the Council of Chiefs he led, using the militant George Adumu and his gang threatened the life of the deceased and that of his father.

GROUND 5:

The learned trial judge erred in law when he held that indeed the police through P.W.3 and P.W. 4 investigated the bogus allegation by the accused persons but found nothing incriminating or linking the alleged George Adumu and his alleged gang of militant with the murder of the deceased and thereby occasioned a miscarriage of justice.