John Imo V. The State (1991)

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B. WALI, J.S.C.

The appellant was arraigned before the then High Court of Justice, Anambra State sitting at Enugu, on the following charge –

“Statement of Offence

Murder contrary to Section 319(1)of the Criminal Code Cap 30 Vol. II , Laws of Eastern Nigeria 1963 applicable in Anambra State.

Particulars of Offence

John Imo on or about the 29th December, 1985, at Egenyi 1 Effium Abakaliki Judicial Division murdered Alphonsus Nwonu.”

The appellant pleaded not guilty to the charge and the trial proceeded at the end of which he was found guilty as charged, convicted and sentenced to death. His appeal to the Court of Appeal against conviction was dismissed by that court, thus confirming the conviction and sentence passed by the trial court. He has now further appealed to this Court.

The facts of the case presented by the prosecution are all follows –

On the day the incident happened leading to the death of the deceased, PW1, a brother to the deceased was together with the deceased in their father’s compound. A girl, Nwankpu Nwokporo (PW6) came to the compound with a message to the deceased that the appellant was inviting him to a drink in their compound to celebrate the birth of a baby by Aragwu’s wife, another brother of the appellant. The deceased went to the appellant’s compound and joined Lazarus Imo (PW2) a full brother of the appellant. At that time the appellant was not there. While they were drinking wine, appellant came and joined them, His eyes were red and he was offered a glass of wine by PW2 which he drank.

Soon thereafter the appellant went out. About five to ten minutes later, he returned with some women following him and shouting “vulture had eaten me”. Apparently, it was dark and there was native lantern which was on at the time. The appellant, for no explained reasons, started cutting the deceased with a matchet. People that gathered there ran helter-skelter. The deceased ran back to their compound crying. PW1 tied a bleeding wound on the deceased’s left hand with a piece of cloth. He went out looking for a taxi to take the deceased to the hospital but before he could secure one, the deceased gave up.

At the compound where the party was going on at the time the incident happened, PW2 tried to grip the appellant as a result of which he received a matchet cut from him on the jaw. PW2 ran out, got a stick with which he struck the appellant, knocking him to the ground. The matchet slipped off the appellant’s hand. PW2 rescued it. He tied the appellant’s hands, but he managed to release himself and ran away, He was however apprehended by the village people the following day and who handed him over to the police.

With the Notice of Appeal the appellant filed only one ground – the omnibus ground, with an indication that further grounds of appeal would be filed on receipt of the record of proceedings. With the leave of this Court, two more grounds of appeal were filed. They were numbered 1 and 2 respectively, Ground 1 reads –

“MISDIRECTION IN LAW:

The Court of Appeal misdirected itself in law in its interpretation of S.29(2)(b) of the Criminal Code.