John Ajibo V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A.(Delivering the Leading Judgment)

Upon an information filed at the Ebonyi State High Court, Abakaliki Judicial Division the appellant and two others, namely Cornelius Obasi and Jeremiah Egboma were in charge No. HAB/5C/92 charged as follows:

STATEMENT OF OFFENCE

“MURDER contrary to section 274(1) Cap. 36 Laws of Anambra State of Nigeria as applicable to Ebonyi State

PARTICULARS OF OFFENCE

CORNELIUS OBASI, JEREMIAH EGBOMA AND JOHN AJIGBO

On the 25th day of September, 1991 at Ogbala Ishieke in Abakaliki Judicial Division murdered Nathaniel Nwaekwo.”

The case has a long and chequered history. The appellant and the said two others were first brought on 19th November 1991 on a two counts charge of conspiracy to commit a felony; to wit murder, contrary to S. 494 of the Criminal Code Cap. 36 vol. 1 Laws of Anambra State of Nigeria and murder contrary to S. 274(1) of the Criminal Code Cap. 36 vol. 1 Laws of Anambra State of Nigeria as applicable to Enugu State of Nigeria before the Abakiliki Magistrates Court, which referred the case to the High Court.

The criminal proceedings from which this appeal arose was commenced by an information dated 16th January 1992 containing one count of murder filed in the Enugu State High court on 5th February 1992 at Abakiliki Judicial division. Trial commenced and restarted several times before several judges for one reason or the other. Two appeals have come to this court on issues arising from the trial.

The trial again started denovo with the arraignment of the accused persons before the High Court, now, Ebonyi State High court (Abakaliki is now in Ebonyi State created out of Enugu State), with Obande Ogbuinya.J now presiding, on the 1st of February 2005 and proceeded to conclusion and judgment for the first time. I therefore find justified the comments of the trial court in its judgment as follows –

“Before I sign off by handing down my verdict in this judgment, I must sincerely commend the two lawyers in this case. Their indefatigable diligence, perseverance and co-operation have brought this age long case to end at long last. The case which is about one and a half (11/2) decades old had been inconclusively heard in many courts so much so that its indeterminacy has almost cast a slur on the competence of the stakeholders in the administration of justice, the bar and the bench in particular. One of the Judges that heard the case has risen to the Supreme Court. These are why the Court is beholden to the two lawyers for their industry they exhibited towards the accomplishment of this case.”

I also commend the trial Judge for his expeditious treatment of the case. The record of the proceedings of the trial court on 1st February 2005 on the arraignment of the trio, with due respects, is less than satisfactory. The record reads thus:

“Plea: the one-Count charge or information is read by the clerk of court to the 1st accused person in English Language and the, 1st accused person, understands same to the satisfaction of the court before taking his plea. The 1st accused person pleads not guilty to the one-count charge or information.

The one-count charge or information is read by the clerk of court to the 2nd accused person in English Language and he, the 2nd accused person, understands same to the satisfaction of the court before taking his plea. The 2nd accused person pleads not guilty to the one-count charge or information.