Hon Effiom Jacob Abai V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A.(Delivering the Leading Judgment)

This is an Appeal against the Ruling of the High Court of Akwa Ibom State, Ukanafun Judicial Division delivered by Honouroble justice Ezekiel O. Enang on the 31st July 2015.

The 1st – 4th Accused / Appellants were Charged with Conspiracy, Murder and causing grievous harm under Section 331, 326 (1) and 344 of the Criminal Code Law respectively Cap 38 Vol. 2 Laws of Akwa Ibom State of Nigeria 2000.

In count one, the 1st – 4th Accused /Appellants were alleged to have conspired on the 18th March, 2015 among them to kill one Hon Okon Joseph uwah. In Count 2, the 1st-4th Accused/Appellants were alleged to have murdered one Hon Okon Joseph Uwah on the 18th March, 2015. In third count, the 1st – 4th Accused/Appellants were alleged to have alleged to have on the 18th March, 2015 did inflict grievous harm to one Uduak Jackson Essien.

In reaction to this, the 1st-4th Accused/Appellants contested the information on the Charge by filing a Motion on Notice on the 12th June, 2015 to quash the information or strike out the three counts information. Their reason being that the

information of three counts failed to disclose a prima facie case of Conspiracy Murder and causing grievous harm against the Accused / Appellants for lack of evidence in the proof of evidence to connect the Accused/ Appellants with the offences Charged. That the offence Charged with or the proof of evidence when compared and contrasted the ingredients of the offence of Conspiracy, Murder and causing grievous harm cannot be established against the 1st Accused / Appellant.

Ruling on the above Application was delivered on the 31st of July,2015 refusing to quash the three count information against the 1st -4th Respondents and dismissed same. Being dissatisfied with the said Ruling, the 1st – 4th Accused /Appellants Appealed against the said Ruling. The 1st Accused /Appellant’s Notice of Appeal is dated 11th August, 2015.

STATEMENT OF FACTS

The 1st Accused/Appellant with other three Accused/Appellants were Charged of Conspiracy, Murder and causing grievous harm to the deceased and one Uduak Jackson Essien. They were all arraigned before a Magistrate Court in Ukanafun where the Magistrate declined jurisdiction sent their case file to the Director of

Public Prosecution (DPP) and adjourned the matter sine die. Meanwhile the Accused/Appellants were at the same time Charged at the High Court of Akwa Ibom State after information was filed to prefer Criminal Charge against the Accused/Appellant without consent against the requirement of Law.

After the filing of information the Accused/Applicant brought and Application to quash the charge on the information but it failed according to the Ruling of the Honourable trial Court.

Thereafter, the matter was adjourned to enable the Accused / Appellants to take plea to the Criminal Charges against them. Instead of submitting himself to the plea the 1st Accused/Appellant filed a Notice of Appeal dated 11th August, 2015 challenging the said Ruling of the Lower Court on the Ground that it is perverse and contrary to Law Statute.

From the five Grounds of Appeal as formulated, the 1st Accused /Appellant has distilled five issues for determination.

1. “Whether trial Court can rely on hear-say evidence to establish prima facie case of Conspiracy, Murder and causing grievous harm against the 1st Accused/Appellant when the 1st Accused/Appellant was not

at the scene of crime.