Godfrey Imasuen V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The appellant was convicted on a charge of the murder of a nine year old girl, Favour Ihoeghilan, under Section 319(1) of the Criminal Code Laws of Bendel State of Nigeria, 1976, applicable in Edo State. He was consequently sentenced to death by hanging. This was at the High Court of Edo State, holden at Benin City on 26th January, 2005.

This appeal is against the said conviction and sentence. The appellant filed his notice of appeal within time. It contained two grounds of appeal, on 9th February, 2005.

This court granted leave to the appellant, on his application by which he filed an amended notice of appeal dated 9th March, 2010 on 16th March, 2010. The same was deemed as properly filed on 14th March, 2011.

The amended notice of appeal contains five (5) grounds which shorn of their particulars, each say:

“GROUND ONE

The trial judge erred in law in convicting the Appellant of murder when there was no direct and independent credible evidence before the court, that the Appellant was responsible for the death of the deceased.

GROUND TWO

The learned trial judge erred in law, when he convicted the Appellant and sentenced him to death despite the evidence of diminished capacity of the Appellant as a result of his temporary insanity arising from narcotic intoxication.

GROUND THREE

The learned trial judge erred in law when he did not draw attention to the need for medical examination of the Appellant to ascertain his mental capacity as a result of his raising the defence of insanity.

GROUND FOUR

The learned trial judge erred in law when he held that the inconsistency rule would not apply in the case so as to require him to seek other evidence outside the retracted confession in order to support the prosecution’s case against the Appellant.

GROUND FIVE