Eric Uyo V. Attorney General Of Bendel State (1986)

LawGlobal-Hub Lead Judgment Report

KARIBI-WHYTE, J.S.C. 

On the 12th November, 1985, after hearing Counsel for the appellant and respondent on the elaboration of their briefs filed in this appeal, this Court unanimously dismissed the appeal of the appellant and indicated that the reasons for so doing will be given today. I therefore herein proceed to give my own reasons.

On the 11th March, 1985, the Court of Appeal, Division at Benin City, dismissed the appeal of the appellant against his conviction for murder on the 25th May 1984 in the High Court, Sapele. This is an appeal against the judgment of the Court of Appeal.

Appellant was on the 9th January 1984 arraigned before the High Court, Sapele for the murder of Henry Egwu Okotie on or about the 4th day of May 1982, at Sapele. This is an offence contrary to Section 319(1) of the Criminal Code, Cap. 48, Vol. II, Laws of Bendel State 1976. Appellant was tried and found guilty, convicted and sentenced to death.

It is necessary to state some pertinent aspects of the facts of the case because of the contention of Counsel to the appellant both in the Court below and before us. The case of the prosecution is contained in the evidence of the three witnesses called in support. The appellant’s case is one of a denial, not that he was not present at the scene of the crime but that his association was merely in a peacemaking capacity namely prevailing upon those who were committing the assault on the deceased to stop.

The deceased, Henry Egwu Okotie, was the Landlord of the premises occupied by Apostle Leonard Nwasodi and on which the latter had built his Church. It appears from his evidence in Court, that, unknown to him, there was a dispute with respect to the ownership of this Land. This was because on the 17th April, 1932, Leonard Nwasodi, who is the 2nd P.W. in the trial in the High Court, had observed appellant with some others destroying the Church and other buildings on the Land. When 2nd P. W. intervened, he was assaulted by them and ordered to run away for his dear life. He accordingly reported this incident to the Police. He was accompanied to the scene by a Police Officer; but the accused and his associates had left before their arrival.

On the 4th May, at about 3.30 p.m. 2nd P.W. was again attracted by the shout of the deceased that his assailants were trying to kill him because of his father’s property. 2nd P. W. went to the scene and saw the accused and two others with iron rod and wood beating the deceased. Before P.W.2 could call the Head of the Night Guards to come and witness the incident and possibly save the deceased, the appellant and his confederates had left the scene leaving the deceased half dead. P. W.2 then went to a Police Station to lodge a complaint. After this complaint a neighbour conveyed the deceased to the Hospital. When P.W.2 visited the deceased in the hospital the next day he discovered the deceased had died and was already in the mortuary.

In his evidence 2nd P.W. stated that appellant used iron on Henry. “Henry fell, he could not fight back.” P.W.3, David Akpotor, who was also an eye witness of the incident and the son of the owner of the premises where the deceased was Landlord, stated in his evidence how at about 8 p.m. of the 4th May 1982, he was told that those persons who destroyed his house were there again. He went to the scene and saw the deceased on the floor being kicked and marched on by three persons. He said that the appellant was one of the three and that appellant hit the deceased on the head with an iron rod which he had with him. P.W.3 rushed into the fracas to separate the parties and received a matched cut on his left hand. He escaped and was pursued by a member of the gang. One Papa Yeghe held on to and prevented the man pursuing him from doing so. Appellant who was a Security Inspector at the Delta Steel Company, Aladja, admitted in his evidence that he came to the scene on the date and time in question. He heard the voice of one Chubi who he described as a relation of his brother, and ran to the spot and observed that Chubi was one of the many of those fighting. He separated the fight and retired to his brother’s place. He denied beating the deceased in the course of separating those fighting. He denied ever meeting the deceased before that day. Under cross-examination, he admitted that he told the Police that people were fighting one man, but denied that he told them that the man was helpless on the ground. He also denied telling the Police that he went to separate the fight between Chubi, his friend, and the other man because of the poor condition of the man they were beating. There was also evidence of the P. W.1, the Police Officer who followed 2nd P.W. to the General Hospital, Sapele to see the deceased both on the day of the incident, and to the scene of the incident. P. W.1 also went to the General Hospital on the 5th May 1982 and was informed the deceased was dead. Papa Yeghe identified the body of the deceased to P.W.1. Papa Yeghe is now dead. He had made a statement in this case before he died. In his finding of facts the trial judge found that

(a) On the 4th May 1982, there was a fight resulting in the death of the deceased Henry Egwu Okotie.

(b) The Henry Egwu Okotie was taken half dead from the scene of the crime to the General Hospital, Sapele.

(c) Henry Egwu Okotie died as a result of the instruments used on him, an iron rod and wood. There were eye witnesses to the assault on the deceased.

In his judgment, the trial judge held that the deceased died as a result of the assault and accordingly medical evidence was not necessary to establish the cause of death. He also found that the appellant was on the evidence properly identified by the eye witnesses and on his own admission present at the scene of the crime as one of those who assaulted the deceased.

In the Court of Appeal, counsel filed four original grounds of appeal and with the leave of Court filed five additional grounds of appeal. The nine grounds of appeal were reduced to three issues, namely,

“(a) On the evidence before the learned trial judge was the identity of Henry Egwu Okotie proved beyond reasonable doubt to be the person said to have died