Corporal Bonny Aikhadueki V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C

This is an appeal against the judgment of Court of Appeal Owerri Division delivered on the 24th March, 2011 confirming the conviction and sentence of the Appellant for murder while discharging the others.

The facts which led to this appeal are as follows: At the commencement of trial at the High Court Orlu, seven accused persons were initially charged on information for the offence as follows:

“Murder: Contrary to section 319(1) of the criminal code Cap 30 vol. It Laws of Eastern Nigeria 1963 as applicable to Imo State.

PARTICULARS OF OFFENCE

Inspector David Poli, Sgt. Lazarus Adiele, Col. Desmond Ononuju, Inspr. Victor Chiaka, PC Augustine Ochiaga, Inspector Sunday Uwadiegwu, and Bonny Aikhadueki on the 15th day of August, 2001 along Orlul Road junction by Mgbidi in Orlu Judicial Division murdered Christian Owerreoma”.

I shall recap that at the trial, PW2 Boniface Ozumba gave evidence that on the 15th August, 2002, he was travelling in his NISSAN SUNNY car with Registration No. CY 926AA with his brother-in-law, Christian Owerreoma who came to his home town to get married. On their way they encountered a check point along Orlu Road Junction by Mgbidi. After they left the checkpoint, they were chased by some police officers in their Algon Jeep. At next police checkpoint mounted by the mobile policemen, the most senior officer in the Algon Vehicle, one Inspector Uwadiegwu raised alarm that PW2 and Christian Owerreoma were thieves and he and other policemen in the Jeep started shooting at the vehicle. The Driver, PW2, seeing that policemen were shooting at the vehicle made a run for it, but stopped a few poles from the check point. PW2 and the deceased (Christian Owerreoma) were severely wounded and taken to a hospital called White Rose Hospital, Mgbidi where the deceased was Pronounced dead.

During the trial, the two sets of policemen claimed that the deceased and PW2 were suspected to be armed robbers because the victims had refused to stop their vehicle at the regular checkpoint and that the search carried on by the regular policemen in their Algon Jeep and at the mobile police checkpoint. They claimed that their behavior in refusing to stop caused the police to fire at the vehicle and its occupants in order to apprehend them.

All the policemen found directly involved in the incident were charged on Information to the High Court with the offence of murder. At the trial court prosecution called 5 witnesses while each of the accused persons testified in his own defence but did not call any witness.

At the conclusion of the trial, the learned trial judge found the 1st, 4th and 5th accused persons not guilty and acquitted them. However, the 2nd, 3rd and 6th Accused persons were found guilty as charged and were convicted and sentenced to death.

Dissatisfied with the verdict of the trial High Court, the Appellants filed separate Notices of Appeal and a file was opened for each Appellant at the Court of Appeal, Owerri Division which dismissed the Appellant’s appeal in its judgment delivered on 24th March, 2011, and affirmed his conviction.

The Appellant being dissatisfied with the judgment of the court below has further appealed to this court seeking to set aside his conviction by the two lower courts; in his Notice of Appeal containing Four Grounds of Appeal.

Briefs of argument were fled and exchanged by the parties.

On 27th March 2013, the appeal was heard by this court. Learned Counsel to the Appellants identified his brief filed on 28th July, 2011. He made no oral submissions but urged that the appeal be allowed.