Ndidi Nkemakolam V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI (PJ), J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of P. O. Nnadi J. of the High Court of Imo State sitting in Owerri, in charge No. HOW/80C/2006 wherein the learned trial judge sentenced the Appellant to death by hanging for the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II Laws of Eastern Nigerian applicable to Imo State.

The facts of the case briefly, is that, on the 9th day of July, 2006, Curing the early hours of the day, the accused went to the house of PW1 and PW2 who are Okenze Linus Nworgu and Emeka Nworgu respectively and reported to Emeka Nworgu that one Acho Nworgu, his brother was cutting her kola nut tree.

Emeka Nworgu went to the house of the accused and saw the said Acho Nworgu and went back to his house. Sooner or later there were some noises which attracted Emeka Nworgu and upon an inquiry, was told that the accused had killed his brother. Emeka quickly ran to the scene of the incident and saw the corpse of his brother and the kola nut tree that was cut.

This incident caused the accused to run to the Ngor Okpala Police Station and made a report of the incident. The corpse of the deceased, Acho Nworgu, was taken to hospital. The accused was taken into police custody by the Police at Ngor Okpala who later transferred her to Umuneka police station, from there to C.I.D Owerri where the P.W.3, the investigating police officer was detailed to investigate the case. The accused made a statement to the I.P.O.

At the end of investigation, the prosecution file an information dated 17/12/2006 charging the accused with the murder of Acho Nworgu on 9/7/2006 at Eziama Ngor Okpala, Owerri judicial division, Imo State. The accused pleaded not guilty to the charge. The prosecution called 3 witnesses; PW1, PW2 and PW3 and tendered Exhibit A. The defence called 2 witnesses; DW1 and DW2 and tendered Exhibit ‘B’ and closed its case. Though an autopsy was conducted by the prosecution and a report issued, the prosecution did not tender it.

After the close of evidence, learned counsel filed written addresses. The court found the accused guilty as charged and sentenced her to death for the offence of murder.

The accused, being dissatisfied with her conviction and sentence has appealed to this court vide the Notice of Appeal dated 8/4/2011 containing 4 grounds of Appeal which are hereby reproduced shorn of their particulars:

“(1) GROUND I: Error in law,

The learned trial judge erred in law when he convicted the Appellant of the offence of murder and sentenced her to death, holding thus: “in conclusion, I therefore hold that the prosecution has proved the commission of the offence of murder against the accused person beyond reasonable doubt and the accused person is found guilty as charged and accordingly convicted of the murder of the deceased…..”

(2) GROUND II: Error in law,

The learned trial judge erred in law when he tried and convicted the Appellant of the offence of murder without giving him his constitutional right to fair hearing/trial in public.

(3) GROUND III

The decision of the trial court is unreasonable and cannot be supported having regard to the evidence before the court.