Innocent Okebata V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI,(PJ) J.C.A: (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Imo State, Owerri, presided over by Hon. Justice A.O.H. Ukachukwu delivered on the 21st day of July, 2009 in charge No. HOW/19C/2005 wherein the Appellant was convicted and sentenced to death by hanging.

The Appellant was charged with the offence of murder of one Sunday Onuoha contrary to Section 319(1) of the Criminal Code Laws of Eastern Nigeria, 1963, as applicable to Imo State of Nigeria. The Appellant pleaded not guilty to the charge.

The facts as can be deduced from the evidence of the prosecution’s witnesses are that, the deceased. Sunday Onuoha, left his house around 7pm on 17th July, 2003 after informing his wife,Justina Onuoha (PW.1) that his kinsman,Solomon Okebata sent for him in his house. At about 8pm, Justina Onuoha heard a distress call from the deceased calling on her that the Appellant Innocent Okebata, Anyiam Nwadike and Ekweaba Nwadike had killed him. Justina Onuoha ran to the scene in company of her daughter Mary Onuoha (PW2) carrying a lantern.

On getting to the scene, they saw the deceased rolling on the ground still shouting that Umuokparaezere have killed him mentioning the names of the Appellant, Anyiam Nwadike and Ekweaba Nwadike as his assailants.

Justina Onuoha (PW1) and her daughter (PW2) raised alarm which attracted many people to the scene. The matter was reported to Solomon Okebata whom the deceased went to visit before he met his death and (DW 2) Felix Amadi, the village chairman.

The deceased gave up the ghost before the arrival of his kinsmen to the scene and a big stick used in killing him was seen lying beside his corpse.

On getting to the scene, PW1 and PW2 heard the footsteps of people running inside the bush. PW1, on her way to inform their relations on what had happened, noticed a shadow hiding beside a mango tree close to the scene of the incident and with the aid of the lantern she was holding saw the Appellant and wanted to grab him but he run inside the bush but not before she had called out his name.

The village chairman came to the house of the deceased later after the incident in company of the Appellant, and PW1 on sighting him confronted him with the death of the deceased and he left and thereafter, ran away from the village. The others mentioned by the deceased as people that attacked him also ran away from the village. The Appellant was later arrested and charged with the murder of the deceased.

The Appellant on the other hand denies killing the deceased who he described as his brother as testified by PW1, and PW2 and also denied knowing who or what killed the deceased. That on the date of the incident,17th July, 2003 at about 7-8pm he was in his house. He returned with his wife late from the farm and was not feeling fine, he took his bath and drugs and went to bed, while his wife was peeling cassava with other women.

To establish its case against the Appellant, the prosecution called four (4) witnesses and tendered some Exhibits. The Appellant testified in his own defence and called one witness who testified as DW2.

After the close of the case of the parties learned Counsel addressed the court. In a considered judgment delivered on the 21st day of July, 2009, the learned trial judge convicted and sentenced the Appellant to death by hanging.

Aggrieved by the said decision, the Appellant has appealed to this court vide a Notice of Appeal dated upon six (6) and filed on the 19th day of October, 2009 Grounds of Appeal.

On the 8th October, 2012, the Appellant filed additional four (4) grounds of appeal. The Appellant’s Amended Notice and Grounds of Appeal are hereunder reproduced without their particulars as follows:-