Chinedu Eze V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

On the 29th day of March 2010, Oluwayemi J. of the High Court of Lagos State Ikeja Judicial Division convicted the appellant, Chinedu Eze and his brother Chukwudi Eze of the murder of Ndubuisi Nwawe contrary to Section 319(1) of the Criminal Code Cap C17, Vol 2 Laws of Lagos State 2003 and sentenced them to life imprisonment.

The facts of the case were that on or about 20th day of March, 2007 at Isheri Olofin, Isale Aro in the Ikeja Judicial Division of Lagos State, the daughter of the deceased claimed that she was beaten by the Appellant and his brother when she went to their shop to buy cups of rice. The wife of the deceased (Joy Nwawe) came out to inquire the cause but the Appellant denied beating the daughter.

As they were arguing, the deceased came and challenged the Appellant to re-measure the cups of rice but the Appellant refused and in the process a fight ensued. It was alleged that the Appellant and his brother attacked the deceased and hit him on the head with a pestle mortar and an iron rod. The deceased was taken to the hospital where he died eight days later. An interim post mortem report stating the cause of death was issued by the Lagos University Teaching Hospital but was tendered in evidence as Exhibit G by the prosecution’s sole witness, the police investigator and not the doctor who prepared the report.

The prosecution had listed five witnesses Joy Nwawe, Innocent Nwawe, ASP Anibule Zedwick, Insp. Patrick Nnadi, and W/SGT Sadiat Ogundifo in the proof of evidence but eventually called only W/Sgt. Sadiat Ogundifo after all effort to get the other witnesses failed. The witness gave evidence that she was attached to the Homicide Section of State C.I.D. Panti, Yaba and on the 24th of March, 2001 a case of attempted murder was reported by one Joy Nwawe through a petition written to the Deputy Commissioner of Police, Panti, admitted in evidence as Exhibit A.

The matter was referred to their team led by ASP, Zedwick Anibule while she was detailed to investigate and she contacted the Isheri Olofin Police Station where the matter was first reported. The Appellant and his brother Chukwudi Eze were brought to State C.I.D. Panti where they were interviewed and their statements taken and admitted in evidence as Exhibits B and C.

She also gave evidence that ASP Zedwick Anibule recorded the statement of Joy Nwawe which was admitted as Exhibit D while the statement of Innocent Nwawe was admitted as Exhibit E. The pestle mortar and Iron rod which were the objects used in attacking the deceased that led to his death were admitted as Exhibits F & F1.

The Appellant and his brother (Chukwudi Eze) gave evidence and tendered no exhibit. The case of the appellant was that on the material day, he was in the shop where he and his brother (Chukwudi Eze), the 2nd Defendant at the trial, were doing their apprenticeship, when the deceased’s daughter, Nkechi came to buy some cups of rice. In the course of the transaction, a dispute ensued between them and the said Nkechi over a sachet of pure water, which attracted the parents of the said Nkechi.

First, the mother of Nkechi (Joy Nwawe) came to the shop (based on the complaint of her daughter that the Appellant and his brother drank her pure water), and without waiting for explanation, she slapped the Appellant. Immediately, a neighbour of the Appellant (mama Emeka) intervened in a bid to settle the matter but the deceased’s wife would not allow her, she followed the Appellant back to his shop, held him at his shirt which tore as a result. Appellant then pushed her away and in the cause of the struggle the deceased arrived at the scene and attacked the Appellant with broken bottle, while Innocent Nwawe, deceased brother stabbed the Appellant with a knife at the side of his stomach.

Thereafter someone took the Appellant to a hospital at Kara Market where the bleeding associated with the injury was stopped. While he was coming back from the hospital, he was informed that they have killed his brother but on getting to the scene he saw that his brother had been revived, and from there they were taken to the police. At the close of the case for the defence, the parties filed and exchanged written final addresses which were duly adopted. The learned trial judge in his judgment convicted the appellant and his brother of murder and sentenced them to life imprisonment.

Dissatisfied with the judgment, the appellant filed his notice of appeal with three grounds of appeal. With the leave of the Court he filed an amended notice of appeal with ten grounds of appeal. The parties filed and exchanged briefs of argument. At the hearing on 12/2/15, the Respondent was not represented but was duly served. The briefs were deemed duly adopted.

From the ten grounds of appeal, the appellant formulated four issues for determination as follows:

1. Whether the Appellant’s arraignment at the trial Court was improper and consequently nullified the entire trial at the lower Court?
2. Whether the defence of self defence availed the Appellant in the circumstance?
3. Whether the prosecution proved its case beyond reasonable doubt?
4. Whether the learned trial judge properly evaluated the evidence in the case?

The Respondent adopted the four issues formulated by the Appellant’s Counsel.

ISSUES NO 1