Michael Assah v. The State (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HARUNA SIMON TSAMMANI, JSC (Delivering the leading judgment)

The appellant in this appeal was arraigned, tried and convicted in the Delta State High Court sitting at the Ughelli Judicial Division on a one-count charge of murder which reads as follows:

Statement of offence

Murder, punishable under section 319(1) of the Criminal Code, Cap 48, vol. 1, Laws of the defunct Bendel State of Nigeria, 1976.

Particulars of offence

Michael Assah (m) on the 18th day on August, 2002 at Ughelli within the Ughelli Judicial Division murdered one Christopher Ojeabulu (m).

At the trial, the prosecution (Respondent) called three witnesses, who testified as PW1, PW2 and PW3 respectively. The PW1 testified that he was a Police Corporal serving with the appellant at the time of the incident leading to this appeal. She was on duty on 18/8/2002 together with one Inspector Sunday Iniabosi, PC Gift Jorbedon, Corporal Michael Okon and Corporal Isaac Okulaye when a case of attempted robbery involving the deceased was reported at the station.

That the deceased was put behind the counter to await detention order but when he noticed that the place became quiet, he pushed her (P W1) down and escaped. However, at about 4.45 am the following day, Civil Defence Officers arrested and brought back the deceased (Christopher Ojeabulu) to the station. That she went to the toilet after that, so she could not tell what happened to the deceased.

The PW2 also testified that he was attached to the Divisional Police Headquarter Ughelli at the time of the incident; and that the appellant was his colleague. As a member of the investigating team, he recorded the statement of Sunday Iniabosi who was the C.R.O. on duty on the day of the incident.

PW3, an Assistant Superintendent of Police, stated that he was an Inspector of Police attached to the Delta State C.LD, Asaba at the time of the incident. He also stated that a petition was written by one Barrister F.B. Olorogun, an Ughelli based lawyer on behalf of one Joseph Ojeabulu, complaining about the unlawful killing of his son; Christopher Ojeabulu.

The Commissioner of Police, Delta State, directed him and his team to investigate. That in the course of the investigation, he received the written statements of the appellant, which were admitted in evidence as exhibits C, C1 and C2 respectively. The Autopsy Report, a Baretta Rifle and Investigation Report were also tendered through him as exhibits A, D and E respectively. The petition was tendered through him under cross-examination as exhibit F.

The appellant testified for himself at the trial as DW1. He did not call any other witness. At the close of evidence, learned counsel addressed the court, and in a considered judgment delivered on the 22nd day of July, 2009, the appellant was convicted and sentenced to death. Aggrieved by the decision, the appellant appealed to the Court of Appeal but the appeal was dismissed. He has now appealed to this court.

The notice of appeal consisting of five (5) grounds of appeal was filed on 04/8/2015. In compliance with the rules of this court, the parties filed and exchanged briefs of arguments. The appellant’s brief of arguments, settled by Chief A.P.A. Ogefere, Esq., was filed on the 16/08/2023. Therein, only one issue was formulated for determination as follows:

Whether the lower court was not wrong to have affirmed the decision of the trial court that the prosecution proved its case beyond reasonable doubt.(Grounds 1 – 5)