David Amaefula V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Abia State High Court, presided over by S. N. Imo, Chief Judge (as he then was) sitting at the High Court Umuahia delivered on the 1st day of July, 2010 wherein he convicted the Appellant and two others for the offence of murder contrary to Section 319(1) of Criminal Code Cap 30 Vol. 11. Laws of Eastern Nigeria 1963 as applicable in Abia State.

The Appellant and nine (9) others were tried on a three count information at the Umuahia High Court for the murder of three men, namely Sunday Ude, Chief Cornelius Orjiogo and Johnson Onwuegbuchulam. The alleged murder was said to have taken place between 4th and 5th January, 2007 at Lokpanta in the Umuneochi Judicial Division of Abia State.

In proof of its case, the prosecution called a total of six witnesses while the accused persons testified on their own behalf and called no additional witness.

At the end of the trial, the Learned Chief trial Judge convicted the 1st to 3rd accused persons namely, Raphael Ude herein, Elvis Chukwuma Iromuanya and David Amaefule (the Appellant) of the of murder while discharging and acquitting the 4th to 10th accused persons.

The facts of the case as gleaned from the evidence of the prosecution witnesses and that of the accused persons are that there was a conflict between the Lokpanta Youths Movement and the Lokpanta Development Union. The Youths who were supported by the women of the community wanted to take over the rulership and control of the community.

The coming into being of the Lokpanta Youth Movement was initially welcomed by the Community until the youth movement started doing things which the Union considered unwholesome like, torturing and even killing persons as well as constituting themselves into a Court to try all sorts of cases including Criminal cases and matters involving husband and wife. It is alleged that the Youths Movement issued a decree that no Lokpanta fellow should report any crime to the police or conventional Courts and that all such matters be decided by them.

The Development Union petitioned the police against the unwholesome activities of the youths movement. The police at Isiochi invited the Union members as well as the Youths Movement and the women to a meeting. They attended the meeting and the police cautioned the youths not to take Laws into their hands again and advised them to make a constitution for the youths movement.

Every son of Lokpanta between the age of 15 years to the age of 50 years is expected to be a member of the youths movement. The accused persons were the members of the youths movement while the three deceased persons were executive members of the Lokpanta Development Union.

After the petition to the Police, the youths resolved to wrestle power from the town union. A Constitution was drafted for the Youths movement but not yet signed. On the 3rd day of January, 2007, the women went round the Community in a demonstration, in support of the youths to wrestle power from the town union executives.

The demonstrators also visited the homes of the Leaders of the Town Union including the deceased persons to leave a threat of cooperating with the youths or be prepared for the worst. The demonstration unfortunately developed into a riot. Some youths joined the women and by the 4th of January, 2007 the deceased persons were taken away from their homes by the youths to an unknown destination. Some other Union leaders escaped being captured or kidnapped by the youths.

The deceased persons and one other boy who testified as PW2 in the lower Court were taken away on motorcycles. The deceased were taken to the market square where they were being beaten and flogged mercilessly. Thereafter, they were moved on motorcycles to a bush, on a flat hill towards the Lokpanta and Agwu border. At the hill, the deceased persons were tortured and brutally murdered before their dismembered bodies were set ablaze. The boy who was taken along with the deceased escaped by roiling or jumping into a pit from where he went to safety.

It is also in evidence that at the scene of crime, the Appellant and 1st & 2nd Accused persons were present giving the youth encouragement and support. They even congratulated the youths after the dastardly murder of the deceased. The Appellant pleaded alibi. It is also in evidence that the Police investigated the case and recovered some bits of charred human flesh which was sent to the forensic Laboratory for analysis.

The Appellant is aggrieved with his conviction and sentence and has appealed to this Court vide a Notice of Appeal dated and filed on the 7th day of July, 2010 upon seven (7) grounds of appeal. The seven grounds of appeal are hereby reproduced without their particulars, to wit:-