Ikechukwu Ezenwankwo V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of I. M. Onwuamaegbu J. delivered in Suit No. AG/4A/2002 on 29/1/2004 at the High Court of Anambra State sitting at Aguata.

The facts leading to this case arose from Agbiligba village Nanka, a community within the Aguata Judicial Division of the High Court, Anambra State.

The Appellant, Chief Ikechukwu Ezenwankwo is one of the named parties representing his kindred in suit No. AG/4A/2002 which came on appeal from the judgment of the Ajalli Customary Court also in Anambra State.

The case was assigned to High Court No. 2 in Aguata Judicial Division presided over by Hon. Justice Ije Onwuamegbu, Rev. Francis Ezeokafor is also a named party representing his kindred against the kindred of the Appellant in the said suit.

The Appellants side won the case at the customary court.

During the pendency of the case, in the court below, it was alleged that Rev. Ezeokafor was going about in the community boasting that his side has won the case and made the boast to the hearing of the Appellant.

The rumour being peddled is that the presiding judge in the court below has agreed to give judgment in favour of Rev. Francis Ezeokafor and his group after receiving the sum of N200,000.00 (two hundred thousand naira).

On hearing the rumour, the Appellant went to report to one Chief Ezeaso a community leader and a relation of the Administrative judge of Aguata Judicial Division, Hon. Justice Cecelia Uzowulu so that he will bring the happenings in court 2 to the notice of the Administrative judge.

The said Chief Ezeofor advised the Appellant to put the complaint in writing so that he can bring it to the Notice of the Administrative judge and he did so.

It was this note that Chief Ezeofor handed over to the Administrative judge who after reading it handed it over to the presiding judge of Court 2 Hon. Justice Ije Onwuamaegbu.

When the case came up on Tuesday, 16th December 2003, the learned trial judge read out a piece of paper written by I. K. Ezenwankwo, the Appellant and asked him to come out.

After reading the content of the piece of paper, the learned trial judge asked him whether he wrote the note, he answered in the affirmative.

The court then asked for the person who goes by the name Rev. Francis Ezeokafor. The Rev. Okafor also came out.