Ifeanyi Ukonu Obi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment)

The Appellant, IFEANYI UKONU OBI was arraigned before the High Court of IMO STATE, OKIGWE JUDICIAL DIVISION (HON. JUSTICE P. C. IKPEAMA on the 6th day of July 2011 when his plea on one Count Information was taken.

The said one Count Information reads as follows:

?STATEMENT OF OFFENCE

CAUSING GRIEVOUS HARM Contrary to Section 332(a) of the Criminal Code Cap 30 Vol. II, Laws of Eastern Nigeria 1963 as applicable to Imo State.

PARTICULARS OF OFFENCE

IFEANYI UKONU OBI on the 18th day of May, 2007 at Amaorji, Ofoacharawo, Okigwe in the Okigwe JUDICIAL DIVISION maimed ABUCHI EJIMKONYE by cutting off his two wrists with Matchet and made away with them.?

The Appellant pleaded NOT GUILTY to the one Count Charge and his trial commenced. The prosecution called three witnesses while the Appellant testified in his own behalf.

At the conclusion of evidence, the Learned Counsel to the prosecution adopted his address. It must however be noted that the Learned Counsel to the Prosecution S. C. Osuoha Esq., ACSC, on 20th day of June, 2012 applied to

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amend the charge against the Appellant pertaining to the Section of the Criminal Code under which the proceeding was initiated. The said Learned Counsel applied to amend Section 332(a) of the Criminal Code to read Section 332(1) of the Criminal Code. The Appellant as the Accused did not object to the amendment of the Charge as aforesaid.

The plea of the Accused as required under the Criminal Procedure Law was re-taken and the Appellant pleaded NOT guilty to the charge as amended. That same day that is 20th day of June, 2012, the Learned trial Judge gave considered judgment in the matter and found the Appellant guilty as charged. The trial Judge said among other things:

?The defence of the accused is alibi. This defence cannot avail the accused because the PW1 sufficiently fixed him at the scene of crime and the defence of alibi is negative. I believe the PW2 that the accused made Exhibit ?A? which gave account of what he did and why he did it. The accused impressed me as a most untruthful witness who is prepared to say anything to free himself.

I do not believe his afterthought evidence in Court which is concocted. I believe