Issac Uche v. The State (1973)

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IRIKEFE, J.S.C.

After hearing argument on this appeal on 22nd October, 1972 and without calling upon counsel for the respondent, we dismissed it as lacking in merit and indicated that we would give our reasons later. This we now do.

The appellant, Isaac Uche, was convicted in the Benin High Court (Ighodaro J.) of having murdered one Matthew Afeme, on or about the 30th day of August, 1971 at Benin and was sentenced to death.

The case of the prosecution, which was accepted by the trial court, may be stated briefly as follows.

The appellant, a driver in the Nigerian Army had on 30th August, 1971, brought 16 soldiers from Lagos to Benin in order that they might compete in certain sporting events taking place in the latter city. Soon after arrival in Benin, the appellant decided to look up the deceased, a relation of his who was also serving with a unit of the Nigerian Army based at Ikpoba Hill, in the said city. From Ikpoba Hill, the appellant, the deceased and one Robert Omotoye (P.W. 1), went in a taxi-cab to the house of the deceased at No. 7 Owinna Street, Benin City.

There is evidence that at his house the deceased procured some drinks, two small bottles of stout and a bottle of star beer for his guests, while he helped himself to a small quantity of local gin in another bottle.

As they drank, the deceased and the appellant conversed in a dialect which P. W.1 did not understand and, after some time, the two men got up and went into an inner room, the door of which they closed behind them. At this stage only P. W.1 was left in the outer room.

The time then was 11 a.m., and not long after he had been left alone, P. W.1 was overcome by sleep from which he was later rudely aroused by what sounded like the explosion of a gun. He had thought that the report came from outside the house and went to investigate. He saw nothing and returned to the outer room. As he did so he saw the door to the inner room now open and the accused carrying the deceased. On this aspect of the case P. W.1 testified thus:-

“Then I saw the accused carrying the deceased. Then I shouted ‘what happened’ -he replied that his brother had shot himself. Then he came out of the room and he said he was going to lodge a complaint at the police station. The deceased was lying on the ground. I went with him to lodge a complaint at the Police Station. I made a statement to the Police. I did not go into the inner room to help the accused. Nobody came to meet me at the parlour before the incident and before we went to the Police Station.”

There was evidence before the trial court which was not challenged by the defence that:-

(a) The accused, the deceased and P.W.1 were the only three persons in the outer room from the time of their arrival there up to the death of the deceased.

(b) Although the inner room had a door leading to the rear of the house, it was locked and remained locked at all times material to a consideration of the killing of the deceased, and could not be opened until the wife of the deceased produced the key to the door on her return from market after police investigation in the case had commenced.

(c) The said inner room had only one window of the louvre-type and it was locked.

After the trial court had considered the above evidence along with the medical evidence as to the cause of death, and also the defence of the accused, it convicted him as charged.