Eme Orji Vs The State (2008)

LAWGLOBAL HUB Lead Judgment Report

M. MUKHTAR, JSC

The appellant together with one Peter Enwereji were charged on three counts in the High Court of Abia State, holden at Aba as follows:-

“COUNT 1 Statement of Offence

MURDER – Contrary to Section 319 of the Criminal Code Vol. II Cap. 30 Laws of Eastern Nigeria 1963 applicable in Abia State.

PARTICULARS OF OFFENCE

PETER ENWEREJI and EME ORJI on the 9th day of July, 1994 at No. 1 Ukwa Road, Aba, in Aba Judicial Division murdered CHIMA OBI JOEL.

COUNT 2: STATEMENT OF OFFENCE

MURDER – Contrary to Section 319 of the Criminal Code, Vol. II, Cap 30 Laws of Eastern Nigeria, 1963 applicable in Abia State. PETER ENWEREJI and EME ORJI on 9th day of July, 1994 at No. 1 Ukwa Road, Aba, in Aba Judicial Division murdered Monday Okon.

COUNT 3: STATEMENT OF OFFENCE

MURDER – Contrary to Section 319 of the Criminal Code, Vol. II, Cap. 30 Laws of Eastern Nigeria 1963, applicable in Abia State.

PARTICULARS OF OFFENCE

PETER ENWEREJI and EME ORJI on the 9th day of July, 1994 at No. 1 Ukwa Road, Aba, in Aba Judicial Division murdered Ogba Aju.”

Both accused persons pleaded not guilty to the charges, and witnesses gave evidence. The learned trial judge after evaluating the evidence, and carefully considering the address of learned counsel, found both accused persons guilty of the offences they were charged and convicted them thus:-

“Finding/Verdict – On a calm view of the evidence before the court and the submissions of learned counsel for the parties, I find as a fact and hold that the prosecution have proved their case beyond reasonable doubt. I find each of the accused persons guilty of the murder of Chimaobi and in the process the killing of Monday Okon and Ogbati Aju – on 9th JULY, 1994 AS CHARGED. Each of them is accordingly convicted of murder.”