Moses Nkwegu V. The State (2016)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A. 

This is an appeal against the Judgment of the High Court of Ebonyi State presided over by Hon. Justice P. O. Elechi of the Abakaliki Judicial Division in charge No. HAB/6C/2012 delivered on the 28th of June 2013.

The Appellant Moses Nkwegu was convicted with five other persons for the offence of ARSON and was consequently sentenced to a term of 7 years imprisonment. – Pages 136-153 of the Record of Appeal.

FACTS LEADING TO THIS APPEAL
The Appellant and five other persons were alleged to have willfully and unlawfully set fire to the dwelling house of one Michael Onyibe on the 23rd day of May 2011.

They were arraigned before the High Court of Ebonyi State, in the Abakaliki Judicial Division, holden at Abakaliki on a one count charge of ARSON, an offence contrary to Section 43 (a) of the Criminal Code Law, Cap, 33, Vol. 1, Laws of Ebonyi State of Nigeria 2009. – Page 2 of the Record of Appeal.

The Appellant pleaded not guilty to the charge. – Page 80 of the Record of Appeal.

The Prosecution called four witnesses PW1, PW2, PW3 and PW4

1

– Michael Onyibe, Paul Nwegede, Godwin Ofoke and Ojukwu Ottu respectively, while the Defence called thirteen (13) witnesses.

The case of the Prosecution is that on the night of the 23rd of May 2011, the Appellant and five other persons set fire to the dwelling house of one Michael Onyibe.
The Appellant had made a confessional statement. – Page 30 of the record of Appeal.

See also  Guinness Nigeria Plc V. Musical Copyright Society of Nigeria (Ltd/Gte) (2016) LLJR-CA

PW1 said he took the Appellants confessional statement on the 31st of May 2011.

In the Appellant’s statement of 31st May 2011, he did say thus –
“The people that did set the house on fire with me are as follows –
1) John Nwibo (m) (2) Nwibo Ngbeleke (m) (3) Fidelis Nwegede (m) (4) Anthony Nwema (m) (5) Iziogo Alegu (m) (6) Igbokwe Nkwegu (m) all of the same village with me?”

At the trial, the Appellant as DW1 said his statement to the Police was made under duress. At the trial within trial proceedings, he said he was hung and beaten. Hear him –
“The I.P.O tied my legs and hung me up before he took any statement?” – Page 107 of the Record of Appeal.

The Prosecution said that the Appellant with others invaded the

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