Michael Edhigere Vs The State (1996)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J .S.C. 

In the High Court of Bendel State, holden at Oleh (now in Delta State), the appellant and three others were arraigned for the offence of murder, contrary to section 319(1) of the Criminal Code. The other three accused persons were; Josiah Eghagha, Passman Ugbogbo and Lucky Otunu. They were all charged of having murdered one Okpako Eghagha, on 2nd March, 1984, at Ivu bush, Enwhe, in Oleh Judicial Division.

The facts of the case for the prosecution were given in the testimony of P.W.1, Onoita Okpako. He told the trial court that on 2/3/84 while he was sitting in a hut in Ivu bush together with his father (deceased) and two sisters, the 2nd-4th accused, in the company of one, Onomeroso, came to the hut. The appellant was the 2nd accused at the trial court. The accused told the deceased that the father of Onomeroso had died and that they wanted the deceased to follow them to Enwhe.

P.W.1 said that he observed that all the three accused persons were holding matchets. The witness continued with his testimony thus:

“The deceased then followed them and left me with my junior brothers in the camp. The following day he did not come back I carried my small brothers and went to Enwhe. When we got to Enwhe I asked my aunt the whereabout of the deceased and she told me that she did not see him. The name of my aunt is Omotoware. She raised an alarm. We then went to ask Onomeroso the daughter of the 1st accused the whereabout of the deceased. She told us certain things.

As a result of what Onomeroso told us, we went to ask the 1st accused the whereabout of the deceased. He admitted that he sent the 2nd – 4th accused persons and Onomeroso to invite the deceased from the bush and kill him. Omotoware Eghagha went to lodge a complaint at the Police Station, Igbide. I was at home when she went to Igbide. She later returned with two police men and arrested the accused persons and Onomeroso. It was Onomeroso who identified them to this police.”

P.W.2 in his evidence told the trial court that Onomeroso who was the daughter of the 1st accused led the police to a fish pond in Ivu bush where the corpse of the deceased was found, covered with leaves. It was conveyed from there to the police station. The body was examined by one Dr. Felix Omon Oribator who testified as P.W.4. The doctor told the trial court that he observed a visible cleft on the head of the deceased extending to the occiput and multiple lacerations. The incised wound went through both the skin and skull. In the doctor’s opinion, the death was caused due to severe head injury resulting from the incised wound.

The trial court considered the evidence adduced including, most importantly, the confessional statements made voluntarily by the accused persons and, in a considered judgment the court convicted the 2nd and 3rd accused persons of murder and sentenced each of them to death. The 1st and 4th accused died in prison custody while awaiting trial.

Monday Edhigere, the appellant, appealed to the Court of Appeal. The court considered all the submissions made by counsel and, in a unanimous decision, dismissed the appeal.

On further appeal before this court the single issue canvassed by the learned counsel for the appellant is as follows:

“Whether the conviction and sentence of the appellant on Exhibit C was proper on the facts of this case and the nature of evidence produced by the state”

The learned counsel for the appellant, Mr. Olisa Agbakoba, made heavy weather of the learned trial Judge’s reliance on the confessional statement, Exhibit C, made by the appellant. It is relevant therefore to reproduce that statement in full before I consider the grouse of counsel against the Court of Appeal’s decision upholding the learned trial Judge’s finding in respect of the confessional statement.

The confessional statement reads:

“On the 2/3/84 at night time, at Enhwe, myself (1) Man-Pass-Man Ugbogbo, (2) Lucky Otunu (3) Ighovuamofa Enuekpe were sent to go and killed (sic) Okpako Eghagha by the following persons (1) Asanimo, Chairman of the deceased’s family, (2) Okpoumofa Eghagha Chairlady of the family, Enuekpe Eghagha (5) Omorte Owore, (6) Mowe Okpoumofa, (7) Asvoma Otunu, (8) Mathar Ebiyese, (9) Boy Edhikamaka, (10) Efamana Egeyese and (11) Ariakpomura Ighomraha. The above mentioned persons ordered us to go and bring Okpako Eghagha before them, and burn him with fire. They instructed us that if Okpako Eghagha refused to come with us we should killed (sic) him on the way.