Dickson Arisa V. The State (1988)

LawGlobal-Hub Lead Judgment Report

G. O. AGBAJE, J.S.C.

The appellant Dickson Arisa was tried and convicted of murder of one Reuben Okenpa contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. 2 Laws of Eastern Nigeria applicable to Imo State by Anyanwu J. sitting at Isiala Ngwa in the High Court of Justice, Imo State.

Following his conviction on 28/6/1985 the appellant was then sentenced to death. The appellant being dissatisfied with his conviction and sentence, appealed against them to the Court of Appeal, Enugu Division. That Court after listening to the arguments from Counsel on both sides dismissed the appellant’s appeal on 26/1/87. This is a further appeal by the appellant to this court against his conviction and sentence.

The only issue arising for determination in this court as indeed it was in the lower Court is whether the defence of insanity put up by the appellant at the trial Court was rightly rejected by that court whose decision was affirmed by Court of Appeal.

From the nature of the only issue arising for determination in this case it is clear that it is common ground in this case that it was the appellant who fired the shot from the gun that killed the deceased Reuben Okenkpa on 28/10/82 at Umuosu-Nsulu in the Isiala-Ngwa Judicial Division of the High Court of Imo State. The issue arising for determination essentially involves the consideration of whether on the totality of the evidence on the point at issue it can be said that the appellant has discharged the onus of proving insanity, the standard of proof of which no doubt is on a balance of probability.

The available evidence on the issue of insanity on the printed evidence was as follows:-

First p.w.1 after testifying as to how the appellant shot the deceased dead continued his evidence as follows:-

“Then the accused came to the scene of collision; peeped into the out (sic) vehicle and seeing that the driver was dead he said ‘yes’”.

In cross-examination this witness said, “I remember that the last words of the deceased at the time of the incident were “my brother you have killed me”.

Second, p.w.2 corroborated the evidence of p.w.1 as to what the appellant did immediately after he fired his gun at the deceased, this witness added that the appellant then turned his gun towards them who were present at the scene and consequently, they all fled. In cross-examination he said as follows: – “It is true I saw the accused on the day of the incident but I cannot say whether he was then insane or not”.

Thirdly, the investigating Police Officer p. w.5 Sergeant Eric Okoye told the trial Court that in the course of his investigation into this case he went to the house of the appellant on 28/10/82 after the deceased had been killed and there he caused a stone to be thrown on the roof of the house of the appellant as a result of which the appellant ran to the back -yard of his house to see what had happened. There and then he said he and other members of his team went inside the house where-upon the appellant asked if they were Police men and upon their answering in the affirmative, the appellant offered them palmwine which was on the table in the centre of the room which offer he and his men refused; he told the appellant that it was alleged that he had killed one Reuben Okenkpa to which statement the appellant made no reply; he then took possession of a double barrelled shot gun which he saw on the bed of the appellant and when he asked the appellant what he was doing with the gun, the appellant replied that he was getting set for a hunting expedition.

Fourth: The appellant in his own defence gave evidence as follows on the point at issue:-

“I knew Reuben Okenkpa. I understand he is now dead. I am charged with this court with the murder of the said deceased Okenkpa. I did not kill him. I did not have any quarrel with him.

Nothing happened between him and myself on 28/10/1982. I did not make Exhibit “B”. I do not know if the deceased ever had love affair with my wife. I was sick some time. During my ill-health. I used to get offended with myself, very little thing could provoke me. I used to get dizzy during my periods of ill-health. I became sleepless and had constant head-ache during my ill-health. I went to native doctors for treatment. I also went to conventional hospitals such as St. Anthony’s Hospital. Aba. A doctor treated me in that hospital. My company the CFAO sent me to that hospital in 1980/1981. I know that it is crime to kill any person. After my ill-health I recovered. The illness occasionally re-occurred. After each attack I do not find myself able to remember all that happened during the period of my ill-health”.