Chukwuemeka Ezeugo V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO J.C.A. (Delivering the Leading Judgment)

The appeal herein is against the judgment of the High Court of Lagos State, Ikeja Judicial Division delivered on 11th January, 2007 by Hon. Justice J. O. K. Oyewole in case No.ID/133C/2006.

A brief synopsis of the facts culminating in this appeal is hereby made as follows: The appellant is the General-Overseer of the Christian Praying Assembly Church, a religious organisation with its headquarters at Ajao Estate, Lagos. The appellant was residing at No.6B, Canal View Layout, Ajao Estate, Lagos. Some members of the Christian Praying Assembly Church, including the deceased and the persons the appellant attempted to murder were staying in the appellant’s residence, rendering different kind of services to the appellant.

The appellant accused some of the Church members living in his residence of fornicating with one another. It was the prosecution’s case, that based on the aforementioned accusation, the appellant on or about the 22nd day of July, 2006 at No.6B Canal View Layout, Ajao Estate intentionally caused petrol to be poured on the six persons and threw a lit match on them.

The six persons sustained various degrees of injuries and burns but that of the deceased was most severe, hence she was rushed to Faith Hospital in Lagos. The deceased was admitted in the said hospital on the date of the incident and eventually died on 2nd August, 2006.

Based on the aforementioned facts, the appellant as an accused person was arraigned before the lower court on 26th September, 2006 on a six count charge to which he pleaded not guilty. In the course of trial the charge was amended twice and the accused maintained his plea of not guilty. The final amended six count charge dated 4th December, 2006 reads thus:

“STATEMENT OF OFFENCE 1ST COUNT

Attempted murder contrary to Section 320 of the Criminal Code Law Cap. C.17 Vol.2 Laws of State 2003.

PARTICULARS OF OFFENCE

CHUKWUEMEKA EZEUGO ALIAS DR. REV. KING ‘m’ on or about the 22nd of July, 2006 at No.6B Canal View Layout Ajao Estate, Lagos in the Ikeja Judicial Division did attempt to murder Olisa Chiejina by intentionally causing fuel to be poured on his person and throwing a lit match on him.

STATEMENT OF OFFENCE 2ND COUNT

Attempted murder contrary to Section 320 of the Criminal Code Law Cap C.17 Vol.2 Laws of Lagos State 2003.

PARTICULARS OF OFFFNCE

CHUKWUEMEKA EZEUGO ALIAS DR. REV. KING ‘m’ on or about the 22nd of July, 2006 at No.6B Canal View Layout Ajao Estate, Lagos in the Ikeja Judicial Division did attempt to murder Onuorah Chizoba by intentionally causing fuel to be poured on her person and throwing a lit match on her.