Chijioke Ubani & Anor V. The State (2002)

LawGlobal-Hub Lead Judgment Report

OGEBE, J.C.A. 

The two appellants and Abaitha Okendu Ubani had appealed to this court, against their conviction and sentence of death for the offence of murder. Separate briefs were written for each of the appellants.

The appeals were taken on the 30th of April, 2001, and judgment was delivered on the 12th day of July, 2001, in respect of Abaitha Okendu Ubani alone by mistake. It was after the judgment that the learned Counsel for the appellants drew our attention to the mistake and we had to re-hear the appeals of the remaining two appellants.

It is advisable that where appellants are tried together by a lower court as in this case, a single brief in respect of appellants should be filed in order to avoid this kind of mistake. While it is the law that notice of appeal must be filed separately in respect of each appellant in a criminal matter, there is no law prohibiting the filing of a joint brief in respect of several appellants in a criminal matter where their interests are the same and not in conflict. See Order 6 rule 6 of the Court of Appeal Rules which reads:

“6. All parties, whose interests are identical or joint shall file joint briefs, and separate briefs may be filed only by those parties whose interests are separate or in conflict.”

On arraignment the present two appellants and four others were charged with conspiracy contrary to section 516A of the Criminal Code, Cap. 30, Vol. II of the Laws of Eastern Nigeria applicable to Abia State, and kidnapping contrary to section 364B of the Criminal Code.

At the close of the prosecution’s case the learned trial Judge, Isuama, J., on his own altered the charge to one of murder. The case of the prosecution was that the appellants, co-accused and others now at a large went to the house of the deceased, Alison Abajuo, who had earlier been warned to vacate the premises he was living failing which he would face dire consequences, descended on him and beat him mercilessly until he fell down. They dragged him to the house of one Erondu of Ajasu village. As a result of their aggravated assault the victim died and was buried near a pit latrine.

At the trial the appellants opted not to go to the witness box. The appellants and other co-accused denied the charge of murder. The trial court convicted them and sentenced them to death.

Dissatisfied with their conviction the appellants appealed to this court and the learned Counsel for them filed a brief of argument in respect of each of them and formulated the following issues for determination:

“1. Was the charge of murder proved. If the answer is in the affirmative, were the appellants implicated in the murder?

Was the evidence before the learned trial Judge enough to lead to one irresistible conclusion and to warrant a conviction of murder by circumstantial evidence?”

The brief in respect of each of the appellants is identical, word for word. That underscores my earlier remark that a joint brief should have been filed for all the appellants. It was a waste of paper and energy to repeat the brief in several places when one joint brief would have been enough.

The respondent also filed a brief of argument and identified two issues for determination as follows:

“1. Whether there was sufficient evidence to sustain a charge of murder against the accused persons.