John Peter Vs The State (1997)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, JSC.

The appellant was arraigned before High Court of Rivers State of Nigeria in the Ahoada Judicial Division on a charge of murder contrary to section 319 of the Criminal Code in that he, on the 11th day of August, 1978 at Obagi Obigbo Bush in Omoku District, murdered one Solomon Nwokocha. He pleaded not guilty to the charge. 7 witnesses testified for the prosecution.

After a ‘no-case’ submission by learned defence counsel, Miss Oputa, had been overruled, the appellant gave evidence in his own defence and called a witness, Wellington Mba, the High Court Higher Registrar to tender the depositions taken at the preliminary investigation in the Magistrate’s court, and closed his case. Learned counsel for both the defence and the prosecution addressed the court in that order and in a reserved judgment, the learned trial Judge Okara J. found the appellant guilty as charged and, convicted him of murder and sentenced him to death.

Being dissatisfied with the judgment, the appellant appealed to the Court of Appeal sitting in Port-Harcourt. The appeal was dismissed. He has now further appealed to this court upon 3 grounds of appeal. In his Brief of argument filed pursuant to the Rules of this court, he set out the following issues as calling for determination in the appeal, to wit:

“3.00 The issue for determination in this appeal is, in our humble opinion whether upon a calm view of the evidence adduced at the trial the decision reached by the trial court and affirmed by the Court of Appeal is justified having regard to the quantum of proof required in a criminal trial.

3.01 Put more precisely the issue is whether the prosecution had proved beyond reasonable doubt that the appellant murdered Solomon Nwokocha.

3.02 There is also the issue whether the procedure adopted by the trial court and affirmed by the Court of Appeal did not deny the appellant the very essence of a fair hearing guaranteed to him under section 33(4) and (5) of the 1979 Constitution as enunciated by the Supreme Court in Sanusi v. Ameyogun (1992) 4 NWLR (Pt. 237) p. 527″

The case for the prosecution is to the effect that on 11th August 1978 which was the eve of the Egi yam festival in Obigbo village, the deceased Solomon Nwokocha, left the village for the farm in Ebukwu bush to inspect his traps which he had set to entrap wild animals. After the deceased had left for the bush, the appellant was seen by P.W. 1, deceased’s son going in the direction of the Ebukwu bush armed with a gun and a knife. P. W.2 Rueben Eke who had his farm in the same area as the deceased also went to his farmland to weed his plantain plantation. While P.W. 2 was working in his farm he heard a gun shot close to his farm and the voice of the deceased shouting “Igiri has killed me”.

The appellant is known in the village as Igiri or ikiri. P.W.2 went in the direction of where the deceased’s voice came from and saw the deceased rolling on the ground and shouting “Igiri has killed me.” He also saw thee appellant standing with a gun pointing at the deceased. P.W.2,forfear, could not move closer but exclaiming “Igiri, I have seen you”, he ran away. While running away he heard two other gun shots, he hid in the bush. The deceased was not seen alive again but his corpse was discovered at the spot where P.W.2 had seen him rolling on the ground.

P.W.3 Edwin James Ile gave evidence and deposed as follows:

“I am an accountant by profession. I know one Dickson Nwokocha (P.W.1). Now that I see the P.W. 1 1 say I know him. I did not know him as Dickson Nwokocha. I know him as Solomon’s son. I know P.W.2 Solomon was a native of Obigbor which is near mine. His full names were Solomon Nwancho Ogwu Nwokocha. He is now dead. I know the accused. 11 August 78 was the eve of Egi native new yam festival. I arrived Obagi, my village at 10 a.m. from Port Harcourt. About 1 p.m., as a result of certain things I heard I sent for the accused. The accused is my first cousin and I am the head of our section of our family. He came into my room.

He looked depressed. I asked him what was wrong. He told me he went a hunting in the night in Ebukwu land and fired at an antelope but it ran away. I told him I learnt that at the very spot one Solomon Okpu (the man called Nwokocha) died. He said he heard of it and that the man died in his attempt to make a trap. I told him I heard the man died of gun shot and that you were near there when he died.

I told him I know he had trouble with the dead man and suggested to him ‘why not go and report yourself.’

The trouble he had was that he had farm land dispute with the deceased in the year before 1979 farming season – that is 1977/ 1978. Because it was reported to me I resolved the issues. The accused was not satisfied but I told him not to proceed with the matter. I told him he exceeded the boundary between us and the Obigbo people. He said he would farm more into the area and that if Obigbo people came he would deal with them. The deceased was the head of the family in Obigbo who had the land in question. His exact threat was that if any members of that family entered the farm land he would deal with them.