Joseph Okoro Abasi V. The State (1992)

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U. MOHAMMED, J.S.C.

The appellant was at the Afikpo High Court, former Imo State, charged with the murder of one Ude Egwu Oko on 30th December, 1980, under section 319(1) of the Criminal Code. He was convicted and sentenced to death.

His appeal to the Court of Appeal, Port Harcourt was on 16th October, 1990, unanimously dismissed and he has further appealed to this Court on the omnibus ground only.

When the appeal came up for hearing in this Court on 9th July, 1992, learned counsel who signed the appellant’s brief of argument, Chief C. Akwiwu was not in court but Mr. A.M.O. Onukaogu, Principal Legal Officer, Abia State, for the respondent was present and having adopted his brief, judgment was reserved to today.

Briefly stated the case against the appellant was that on 30th December, 1980, he was seen with two women walking out of Afikpo town. The women were each carrying a basin and the appellant had a hammer in his hand. The following day both women were discovered lying on the ground in a bush near Mgbede Akaeze.

One of them Ude Egwu Oko, who was named in the charge, was already dead and the other who was unconscious died on the(sic) Following the discovery of the bodies the people of Mgbede Akaeze alerted their councillor who in turn sent for the police. After the bodies were removed to Okigwe hospital the people of Mgbede Akaeze assembled for the purpose of finding out what caused the death of the women. Some of the villagers who saw the appellant with the women the previous day told the gathering what they saw. The appellant, who was there attempted to run away but was restrained. He then pleaded with the villagers not to report him. He even gave N250.00 gratification to the crowd not to report him. He and the N250.00 were however eventually handed over to the police at Okposi where he was detained.

At the police station the appellant made two voluntary statements on 3rd and 6th January, 1981 respectively. They are Exhibits A, A 1 and B, B1. Exhibits A & B are in Ibo, the language in which they were made and recorded, their English translations are Exhibits “A1” and “B1”. In view of the weight attached to these voluntary statements by both lower courts I deem it expedient to reproduce the English translations below:-

“(EXHIBIT ‘A1)

HAF/15c/84 – 1st Statement of Accused person marked Exh “A1” (English version).

POLICE STATION, OKPOSI

Name: Okoro Obasi (M)

Occupation: Auto electrician (Motor wiring)

Age: 22 Yrs.

Religion: Christianity.