Mathew Nwalu V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

The appellant was charged on one count charge in the High Court of Justice Enugu State, holden at Enugu as follows:-

Statement of offence

Murder -contrary to Section 274(1) of the Criminal Code, Vol.1 Laws of Anambra State of Nigeria 1986, applicable to Enugu State.

Particulars of offence

Mathew Nwalu, on the 8th day of October, 1996 at Ituku along Enugu-Agwu Federal High Way in the Enugu Judicial Division murdered Professor Ferdinand Ukah.

The appellant pleaded not guilty to the charge. The prosecution’s case was that on the 8th day of October 1996,the appellant and the deceased were travelling from Enugu to Mgbowo when they allegedly had a fatal accident which claimed the life of the deceased, Prof. Ferdinand Ukah. According to the prosecution, the alleged accident was stage managed by the appellant and that investigations show that the appellant murdered the deceased and then made it look like an accident. The prosecution called seven witnesses in proof of its case.

The appellant gave sworn evidence in his own defence and called no other witness. Appellant had claimed that the incident that resulted in the death of the deceased was an accident in which the Mercedes car model 250 somersaulted occasioning the death of the deceased.

The learned trial judge after evaluating the evidence and carefully considering the address of counsel, found the appellant guilty of the offence of murder charge and convicted him. At page 166 of the record, the learned trial judge Onovo J. observed and found:

“There is abundant evidence that the accused was the person who was last seen with the deceased alive. They both left Eddy Records Enugu in the same car. The accused drove the car while the deceased sat as a passenger and they journeyed out of town and joined the highway. In less than an hour, the deceased is found with injuries incompatible with an accident.

Although no person saw the accused deliver the fatal blow or nay blow at all, on the deceased, the above facts in my opinion, prove the complicity of the accused person in the unlawful killing of the deceased, Prof. Ferdinand Ukah, with the precision of mathematics. See Okaroh Michael v. The State (1990) 1 NWLR (Pt. 34) at p.48. See Safiu Amusa V. The State (1987) 4 S.C. 99 and Lateef Adeniji v. The State (2001) 13 NWLR (Pt. 730) 175.

I therefore find the accused person guilty of murder as charged.”

Aggrieved with decision, appellant then appealed to this court vide his Notice and Grounds of Appeal filed on 14.12.2001 containing one original ground of appeal. The appellant sought and obtained leave of the court and filed additional grounds of appeal. For ease of reference the grounds shorn of particulars are set out hereunder:-

“Ground 1