Mr. Donald O. Ikomi & Ors. V. The State (1986)

LawGlobal-Hub Lead Judgment Report

NNAMANI, J.S.C. 

On 11th December, 1985 the Attorney-General of Bendel State addressed an application under Section 340 (2) (b) of the Criminal Procedure Law, Cap. 49 Vol. II Laws of Bendel State 1976 and the Indictment Procedure Rules. 1971 to the Honourable Judge, Judge’s Chambers, Benin City respectfully asking for His Lordship’s consent to prefer information against the accused persons:

1. Justice Donald Ikomi
2. Martins Efemah Ekezoka
3. Reuben Daniel Udoh.

Attached to the letter were the documents which constitute the proofs of evidence on which the State wanted to rely and they were marked Exhibits 4, 5, 6, 9, 10, 14, 22, 23, 24, 25, 33 and 36. B1-B3, 71, 72 and 57.

This application was considered in chambers by the Honourable Justice J. A. P. Oki, Chief Judge of Bendel State. The consent order is in these terms:-

“Upon application of the Attorney-General, Bendel State to the Chief Judge, Justice J. A. P. Oki. under Section 340 (2) (b) of the Criminal Procedure Law Cap. 49 Vol. II. Laws of Bendel State 1976 and the Indictment (Procedure) Rules (English), 1971, seeking His Lordship’s consent to prefer information against the above named suspects for the offence of murder, the Chief Judge (Justice J. A. P. Oki) after reading through the application in chambers ordered as follows:- “consent granted” 16th December, 1986.”

Following this, on 10th January, 1986, Chief F. R. A. Williams, learned Senior Advocate for the appellants filed a motion on notice in these terms:

“Take Notice that at the hearing of the above matter this Honourable Court will be moved as soon as counsel may be heard on behalf of the above-named 1st accused person for an order pursuant to the inherent jurisdiction of this Honourable Court and Section 340 (3) and 363 of the Criminal Procedure Law for an order that the information preferred against him be quashed on the ground that (1) the offences alleged therein is not disclosed by the statements and/or proof of evidence before the trial court and (2) the said information is an abuse of the process of the Honourable Court.”

On 13th January 1986, pursuant to the information earlier referred to, the appellants were arraigned before Maidoh, J. charged with the following offence/offences:-

“MURDER, punishable under Section 319 (1) of the Criminal Code Cap. 48, Vol.11, Laws of Bendel State of NIGERIA 1976.

Particulars of Offence

Justice Donald O. Ikomi (m), (2) Martins Efemah (m), and (3) Reuben Daniel Udoh (m) on or about the 4th day of July, 1985 at No.3 Obahon Street, Government Reservation Area in the Benin Judicial Division murdered one UANLIE AGBEDE (m) Police Constable No. 107231.”

The 1st Accused therein, Hon. Justice D. O. Ikomi, was a Judge of the High Court of Bendel State, and at the material time Chairman of the Bendel State Armed Robbery and Firearms Tribunal, Benin. The 2nd Accused was a clerical officer in the Bendel State Ministry of Justice though he lived in the Judge’s quarters and ran errands for him. The 3rd Accused was the Judge’s Cook/Steward.

This charge was read out to the accused persons/appellants, but before their plea to the charge, Chief Williams raised his objection to the information in the terms of his motion referred to earlier (See R. v. Chapple and Bolingbroke 17 Cox 455; R. v. Maywhort (1955) 1 W.L.R. 848.

The learned trial Judge, Maidoh J. listened to extensive submissions from Chief Williams and Mr. A. Okpewono, Director of Public Prosecutions of Bendel State, and on 21st January, 1986 refused the application. In a passage which must be regarded the kernel of his ruling, the learned trial Judge said:-