Chijioke Ugwu V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

Clement Ezeazu (alias Finmbar) and Chijioke Ugwu (alias Police) were accused of conspiracy to murder and murder of Christopher Ogbonna, the then Chief Security Officer of University of Nigeria Nsukka. on the 21st July 2003, Criminal proceedings were commenced against them at the High Court of Enugu State in the Nsukka Judicial division by the Attorney General of Enugu State filing an information, charging them with two counts of offences as follows-

STATEMENT OF OFFENCE – COUNT ONE

CONSPIRACY contrary to section 494 of the Criminal code Cap. 36, Vol. 1, Laws of Anambra State of Nigeria 1986, as applicable to Enugu State of Nigeria.

PARTICULARS OF OFFENCE

CLEMENT EZEAZU alias FIMMBBAR and CHIJIOKE UGWU alias POLICE on or about the 26th day of May, 2002, at No. 449, Elias Avenue, University of Nigeria Nsukka, Campus, in the Nsukka Judicial Division conspired to commit a felony – Murder.

STATEMENT OF OFFENCE – COUNT TWO

MURDER contrary to Section 274(1) of the Criminal code Cap.36, Volume 1, Laws of Anambra State of Nigeria, 1986, as applicable to Enugu State of Nigeria.

PARTICULARS OF OFFENCE

CLEMENT EZEAZU alias FIMMBBAR and CHIJIOKE UGWU alias POLICE on or about the 26th day of May, 2002 at No. 449 Elias Avenue, University of Nigeria, Nsukka, Campus, in the Nsukka Judicial Division unlawfully killed CHRISTOPHER OGBONNA.

Following their arraignment, Clement Ezeazu, as first accused, was granted bail pending trial by a vacation Judge of the High Court of Enugu State. He jumped bail and has remained at large. All attempts to rearrest and bring him to court to attend his trial proved abortive. The information had to be amended to delete his name therefrom, leaving Chijioke Ugwu as the only accused that was tried.

The prosecution led evidence through eight witnesses who were cross examined by the defence. The accused testified for himself and called no other witness. The relevant facts established by the evidence are as follows. About 9 pm, the night of 26th May 2002 many men with guns invaded the official residence of the Chief Security Officer of the University of Nigeria Nsukka, Mr. Christopher Ogbonna at No 449 Elias Avenue, University of Nigeria, Nsukka campus. The men held his wife and children hostage, seized some of their monies and properties, raped two of his daughters, shot Mr. Christopher Ogbonna and killed him and escaped from the house. Non of the persons who witnessed the incident could identify these men except PW2, Theresa Ogbonna (wife of the deceased) who fleetingly identified Clement Ezeazu (who is at large) by sight and voice and PW1 who recognized the convict/appellant by sight. When the appellant was arrested by Police officers, he promptly set up a plea of alibi by stating that “On the day the Chief Security Officer was shot, I was off duty in order to treat my pneumonia at one nurse, one Mrs. Felicia Igboji who works in Bishop Shanalran Hospital Nsukka. On that 26th May, 2002 I went to take treatment at about 5.30 p.m and went back to my house after the injection at about 6.30p.m.” In his additional statement, he stated as follows: “I went back in the evening by 5 p.m. and did not go out again. I was returned to my house by 5 p.m. and Felicia gave me the injection. I was with my mother till the following day of 27th May, 2002.”

PW8, Sgt Thomas Ugwu one of the investigating police officers said he visited the houses of Felicia Igboji and that of the mother of the accused to investigate the alibi but did not see any of them. He left a message for them. They did not respond to the message.

At the close of evidence, learned counsel to both sides filed, exchanged and adopted written addresses.