Ijeoma Anyasodor V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal emanates from the judgment of the Court of Appeal, Owerri division (hereinafter referred to as “the lower Court or Court below”) delivered on 5th August, 2015 which heard an appeal against the judgment of High Court of Justice, Imo State (Trial Court) delivered on 28th September, 2011 and affirmed the judgment of that trial Court.

FACTS GIVING RISE TO THE APPEAL

The deceased Chibuike Nlemagwu was having amorous relationship with the appellant which lasted for three years before his death. The deceased had earlier promised to marry the appellant but the appellant later discovered that the deceased was already married with some children. She thereby became disenchanted and started to hatch a plan to kill him. On 27th March, 2009 the deceased, while driving on his way coming from his village called the appellant and arranged to have a date with her and she thereby saw that overture as an opportunity to execute her plan to eliminate the deceased. The unsuspecting deceased went and picked the appellant to Cradle Hotel Owerri, where both of them spent the night together.

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Unknown to the deceased, the appellant had earlier planned with two hired-killers to execute her plan by positioning them where she would alight from the deceased’s car. Then, while on their way and on reaching the appointed place where she positioned the two hired killers and without any suspicion she asked the deceased to slow down in order to drop her. The two gun men/hired killers suddenly emerged and pounced on the deceased and shot him on his stomach and escaped.

On hearing the sound of gun shots, the PW2 having been alerted by the sound of the gun shots, came out and saw the deceased bleeding and crying for help. PW2 saw the appellant at the scene trying to escape too, but he pleaded with her not to run away and she agreed to stay and she accompanied him (PW2) in conveying the deceased to the hospital. The deceased later died after six days while on admission in the hospital. Police investigation later revealed that the appellant had hand in the dastardly murder of the deceased but merely brought the story of kidnap allegation just to cover up her involvement in the murder. After concluding its investigations, the police arraigned the

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accused/appellant before the trial court on a charge of murder, contrary to Section 319(1) of the Criminal Code Cap 30 Vol. II, Laws of Imo State of Nigeria. The appellant pleaded not guilty to the charge. At the trial the prosecution called three witnesses to prove its case against the accused/appellant while the appellant testified on his own behalf at the trial. In the end, the trial Court in its consideration of the evidence, found that the prosecution, (now respondent) had proved its case against the accused/appellant and convicted and sentenced her to death.

Dissatisfied with the judgment of the trial Court, the appellant unsuccessfully appealed to the Court below which had affirmed the conviction and sentence of the appellant to death by the trial Court. Still not satisfied with the judgment of the Court below, the appellant further appealed to this Court against the lower Court’s judgment.

In keeping with the rules and practice applicable in this Court, Briefs of Argument were prepared by learned counsel, filed and exchanged. The appellant herein, filed a brief of argument on 5th October, 2015 settled by one Emeka O. Nwagwu Esq. The

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appellant’s learned counsel also filed an Appellant’s Reply Brief on the 24th June 2016 after being served with the respondent’s brief. In its response, the Respondent filed its Respondent’s Brief of argument on 24th March, 2016 which was deemed filed on 9/11/2016. In the appellant’s brief of argument, a sole issue was identified for the determination of this appeal which said lone issue simply reads, thus: –

“Whether the prosecution proved the case of murder, contrary to Section 319(1) of the Criminal Code beyond reasonable doubt against the appellant.”