Mabel Eze v. The State (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

AB OKI, J.S.C. (Delivering the Leading Judgment)

This appeal is against the judgment of the Court of Appeal, Awka Division,(hereafter called the “Court below”), delivered on the 9th of July,2020.

The appellant was arraigned before V. N. Agbata, J., of theIdemili Division of the Anambra State High Court on a two countcharge as follows:

Count Statement of Offence

Act intended to cause grievous harm, contrary toSection 288(g) of the Criminal Code Law of AnambraState, Chapter 36, Revised laws of Anambra State ofNigeria, 1991.

Particulars of offence

Mabel Eze, on or about the 21/10/2014 at our Plaza, located at Afor Nkpor, within the jurisdiction of this court, with intent to do grievous harm, did unlawfully throw at Christian Eze, corrosive chemical substanceto wit – Acid; which act grievously harmed ChristianEze.

Count Statement of Offence

Murder, contrary to Section 274(1) of the CriminalCode Law of Anambra State, chapter 36, RevisedLaws of Anambra State of Nigeria, 1991.

Particulars of Offence

Mabel Eze, on or about the 21/10/2014 at Our Plaza,located at Afor Nkpor, within the jurisdiction of thiscourt, unlawfully killed Christian Eze.

The story of the respondent, as prosecution, is that theappellant, Mabel Eze threw raw acid at her husband Christian Ezewhich eventually was said to have led to his death.

According tothe respondent, the appellant stated that she thought the deceasedintended to elope with his secret lover, having converted herEight Hundred Thousand Naira to personal use, after he told her(the appellant) that he (the deceased) needed the money to startbusiness. The appellant upon sighting the deceased with his bag,decided to pour the raw acid on the deceased, which eventualIycaused h is death.

The appellant pleaded not guilty to the charges, and the matterproceeded to trial. In proof of its case, the respondent called a sole witness, PW1, a Police Officer attached to the Police Headquarters,Awka. As stated by the PW1, when a complaint of an and attackon the deceased Christian Eze, was lodged in the Police Station,he was detailed to investigate same.