Cyril Okpara V. The State (2005)

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JOHN AFOLABI FABIYI, J.C.A.

This is an appeal against the judgment delivered by Maranzu, J., while sitting at the High Court of Justice,Owerri in Imo state of Nigeria on 10th August, 1995. The trial Judge convicted and sentenced the Appellant to death for the murder of one Victor Igbo Opara, contrary to Section 319(1) of the Criminal Code,Vol. II Laws of Eastern Nigeria, 1963 applicable in Imo State of Nigeria.

The facts garnered by the trial Judge in the murder trial are very revealing. They are not far fetched. For a proper appreciation of the issues canvassed in this appeal, it is apt to reproduce the salient facts at a reasonable length.

P.W.1 Stella Opara, is the deceased’s wife and the star witness. According to her, the deceased set fire on waste papers used in their pit latrine/toilet. The fire got out of control and spread to plantain shrubs, belonging to Alexander Opara – Appellant’s father. It also led to the fall of a bean tree which destroyed Alexander Opara’s toilet. The deceased opted to repair the toilet. Alexander Opara asked him not to repair the toilet, but maintained that he should be paid for the burnt plantain shrubs. Kevin Opara, Appellant’s elder brother, reported the matter at the Army Barrack at Obinze.

P.W.1 and the deceased went to the Army Barrack at Obinze on 5th February, 1987. As well, Kevin Opara and Alexander Oprara went to the stated army Barrack where the rift was settled. P.W.1 and the deceased left the Barrack. At Obinze/Nekede junction, P.W.1 said she saw P.W.4 and her brother who were returning from school. P.W.1 said she asked the deceased to go home in company of the school children while she went to Owerri. She said the deceased; her husband agreed and accompanied the school children.

P.W.1 said on return to their village in the evening, she did not see her husband. The deceased was not seen again alive. P.W.4 said on her way home, she saw the Appellant sharpening a stick on that day along the road. A search party was mounted and the deceased corpse was found on 7-2-87. The prosecution maintained that the Appellant who did not take part in searching for the deceased ran away. The co-accused who was acquitted joined in the search, but later ran away for fear of being arrested. Police later shot at him to effect his arrest. An autopsy was done on the corpse, but the report was not tendered. The Medical Officer who performed the Post Mortem did not testify.

P.W.1 said she overheard the Appellant at about 9.00 p.m. on 5-2-87 saying he had killed the deceased. She said one Adiele Ononugbo, also heard the Appellant’s utterance. Adiele did not testify. What P.W.1 said she heard from the Appellant is not contained in any of her three statements.

P.W.1 said one corporal Umoh alleged that one huge boy came to them and asked to be protected in that they way-laid someone on the road from Obinze to Nekede. She said the Police gave the name of the huge boy as Cyril Opara – the Appellant. The Police did not arrest the ‘huge boy’ and never testified.

The Appellant maintained that there was no quarrel between him and the deceased. He admitted that there had been some family dispute over land, which had long been settled before the incident. He did not go to the Army Barrack with those who went there on 5-2-87. He said on 1-2-87, the co-accused and himself caught P.W.1 in the bush having illicit amorous affairs with one Ozurumba Nze. He said P.W.1 had a grudge against them and threatened to deal with both of them. He admitted that he did not participate in the search for the deceased before he ran away to avoid indiscriminate arrest of youths by the Police after the incident. Appellant said on 5-2-87, he,along with the co-accused, went to the house of Mbakwe’s driver to keep watch as security men. When he heard that the co-accused had been arrested, he reported willingly at the Police station.

After trying to apply the relevant laws to the evidence adduced, the trial Judge found the Appellant guilty and sentenced him to death. The co-accused was discharged and acquitted. Alexander Opara, Appellant’s father, died in prison custody, while awaiting trial.

The Appellant felt unhappy with his conviction and sentence and has, ex-debito justitiae, appealed to this court. From the grounds of appeal filed, three issues were formulated for an appropriate determination of the appeal.

I accordingly set them out as follows:

“2.1. Whether the circumstantial evidence adduced met the requisite standard in a murder trial thereby, proving the case against the Appellant beyond reasonable doubt as laid down by S.138(1) of the Evidence Act.

2.2. Whether the conduct of the proceedings by the learned trial Judge was done in accordance with the law.