Harrison Owhoruke V. Commissioner Of Police (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Delta State High Court sitting at Oleh Judicial Division delivered on 10th day of May, 2011 in which the Appellant was convicted for murder.

The facts leading to this appeal are that –

the Appellant Harrison Owhoruke was charged with the offence of murder of one Augustine Eveh (m) punishable under Section 319(1) of the Criminal Code Cap. 48, Volume II, Laws of Defunct Bendel State of Nigeria, 1976. The particulars of the offence are the “Harrison Owhoruke (m) on the 4th day of November, 2004 at Uruto Quarters Ozoro within the Oleh Judicial Division murdered on Augustine Eveh (male)”.

In proof of its case, the prosecution called a total of four (4) witnesses while the Appellant testified in his defence but called no witness.

At the conclusion of trial, the learned trial Judge found the Appellant guilty as charged and sentenced him to death.

Dissatisfied with the judgment, the Appellant has appealed to this Honourable court. The Appellant notice and grounds of appeal are at pages 44-46 of the record of Appeal. By motion dated 15th August, 2007, the Appellant was granted leave to file additional grounds of appeal.

Original ground of appeal are contained at pages 4-43 of Record. I quote with particulars

GROUND 1

The learned trial Judge erred in law and on the facts when he held that exhibits C and D, the extra judicial statements made by the accused to the police and his evidence in court are inconsistent.

GROUND 2

The learned trial Judge erred in law and on the facts when he failed to believe the evidence of the accused/Appellant.

GROUND 3

Judgment is against the weight of evidence. Additional grounds of appeal shall be filed upon the receipt of the record of proceedings.