Inspector John Onwe V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the Judgment of the Court of Appeal, Lagos Judicial Division in criminal appeal CA/L/380/2009 delivered on the 1st February, 2013 by the said Judgment, the Court ordered for a retrial before another judge nullifying the Judgment of the Lagos High Court which had convicted and sentenced the Appellant to death by hanging.

Dissatisfied with the judgment of the Court of Appeal, the Appellant appealed against the said sentence to this Court, vide a notice of Appeal dated and filed on 27th February, 2013.

SUMMARY OF THE FACTS

The facts of this case as may be gleaned from the evidence on record are that:-

“Appellant was a serving Police Inspector attached to the SCID Panti Yaba Lagos, under the Lagos State Police Command.

Prior to the appellant being charged to Court, one Ernest Ndudiri Onyckwere (deceased) was arrested on the 12th June, 2002, at Onitsha, Anambra State by one Sergeant Eniola Akinsulere of Alausa Police Station, Ikeja, also in Lagos State based on a complaint of armed robbery by one Gabriel Ezeze and

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Azubuike Ezeze who were initially 7th and 8th accused persons charged with perverting the course of justice contrary to Section 126(1) of the Criminal Code Law Cap. 32 Volume 2 of Lagos State, 1994, when the case was initially taken to Court.

Before Ernest N. Onyekwere went to Onitsha where he was arrested, he alleged that he was beaten by armed robbers to a state of coma, looked very weak and was bleeding from the nose. This was alleged to have happened on 25th May, 2002. One Mrs. Bilikisu Ismail took him to Jim- Sam hospital al No. 22 Gaskiya Road, Ijora in Lagos. The father of Ernest N. Onyekwere heard of the armed robbery incident and the injuries sustained by the son and sent one of the son to go to Lagos and bring him to Onitsha for treatment.

This led to the discharge of Ernest N. Onyekwere and after the discharge from the hospital on 19th May, 2002, it was felt he need further treatment and was taken away to Onitsha for the treatment at Chinyere Hospital.

Sgt. Akinsulere Eniola who effected the arrest of Ernest N. Onyekwere at Onitsha said the deceased made a statement to him at his office at the Divisional Crime Branch, denying

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the allegations against him. Accordingly he was instructed to transfer the deceased suspect to Panti C.I.D., Yaba which he did on the 17th June, 2002, by handing over the said Ndudiri Onyekwere who had bandages stained with blood on his head and several parts of his body and one Obiagwu to the IPO from Panti State CID Panti Yaba in the persons of Inspector Victor Ukah and Sgt. Abiodun Ogundele, who look them to their Department. The case was then assigned to team D9 Section of the SCID Panti Yaba, Lagos which was headed by the Appellant as the Team Leader. When Ernest N. Onyekwere was handed over to the Appellant’s team. Appellant asked what the problem was leading to the injuries and he was informed by the deceased that he was pushed down from a moving vehicle and the consequences were the injuries noticed on him for which he was receiving treatment in hospital from where he was arrested by police.