Chinelo Nduka V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL C. OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice. Benue State sitting in Gboko and delivered by Hon. Justice J. S. Ikyegh on 28-10-2004 in case No. GHG/19c/2000 wherein the Appellant was convicted and sentenced for the offence of voluntarily causing grievous hurt.

The charge against the Appellant as per the (Application for leave to prefer a charge in the High Court) brought pursuant to Section 185(3) of the Criminal Procedure Code reads thus: –

CHARGE: “That you, Mrs, Chinelo Nduka ‘F’ on or about the 23rd day of February 1999 at Gboko in Gboko Local Government Area within jurisdiction of this honourable court voluntarily caused grievous hurt on one Mrs. Charity Abana by pouring her Acid which is a corrosive substance deleterious to the human body and you thereby committed an offence punishable under Section 248(2) of the Penal Code.”

The facts as per the record was that on the night of 22-2-99 at No. 15 Ayangebee Street, Gboko, one Mrs. Charity Abana (PW1) with her husband (PW2) and daughter laid down in front of the door to their room. At about 3.00 a.m. the weather became cold and her husband decided to take their baby inside the house. Thereafter, the PW1 saw the Appellant pass to and from where she was lying down and then entered her own room. Later the Appellant came out of her room with a plastic bowl that had no cover and moved towards her and poured the content of the bowl on her after which the Appellant ran back to her room which was directly opposite that of PW1.

The PW1, started shouting fire! Fire! As a result of the burning effect of the content of the bowl on her body she also called the name of the Appellant in the process of the shout which brought out other tenants in the premises who then helped in pouring water on her to cool down the burning effect of the substance which affected her face, the two breasts, hands and other parts of her body.

It was discovered that the substance was acid and she was taken to Royal Hospital, Gboko where after sometime the Doctor referred her to National Orthopedic Hospital, Enugu. The effect of the substance made her to go blind in the two eyes, disfigured her face, chopped off her nose, lips, breast nipples and chin and her neck, chest and back badly scarred.

The appellant was subsequently arrested and charged with the offence but she denied the charge and insisted that she was inside her room sleeping with her husband when the incident occurred.

At the trial which commenced in the lower court on 30-6-2001 the prosecution called four witnesses who testified as PW1, PW2, PW3 and PW4. The prosecution also tendered Exhibits marked ‘A’ to ‘F’ through the witnesses.

The Appellant in her defence testified as DW1 and called one other witness (her husband) as DW2.

At the conclusion of the hearing, written addresses were ordered, filed and exchanged. The parties adopted their respective written addresses on 21-9-2004. Judgment was subsequently delivered by the lower court on 28-10-2004 wherein the Appellant was found guilty as charged. She was convicted and sentenced to three years imprisonment with a fine of five thousand Naira (N5,000.00) in default of which she will serve another jail term of two years.

Apparently dissatisfied with the said judgment, the Appellant filed a notice of Appeal dated 26-11-2004 and filed the same date. The said notice of appeal contains eight grounds which shorn of their particulars read as follows:-

GROUNDS

(1) The trial high court erred in law when it relied heavily on the evidence of the PW2 to convict the appellant when it was shown on the record that the PW2 listened to part of the oral testimonies of the PW1 and this has occasioned miscarriage of justice.