Nosike Iboji V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal holden at Benin delivered on the 16th day of July, 2013, affirming the judgment of the High Court of Delta State sitting at Ogwashi-Uku in Suit No. 014C/2010. The appellant and two others were found guilty and convicted for the offence of conspiracy to commit murder of one Smart Okwute and sentenced to ten (10) years imprisonment each with hard labour.

The facts giving birth to this appeal as can be gleaned from the record shows that the appellant and three other persons were originally arraigned before the trial High Court on 1st December, 2010 upon information filed on 19th, August, 2010. The original information was subsequently substituted by a four count information on 12th January, 2011.

In the information filed by the State, the 1st, 2nd (appellant herein) and 3rd accused persons were charged with the following offences:

STATEMENT OF OFFENCE: COUNT 1

Conspiracy to commit felony to wit: murder, punishable under S.324 of the Criminal Code Law Cap. C. 21 Vol. 1 Laws of Delta State, 2006 .

PARTICULARS OF OFFENCE

OKEMEFUNE NDOZIE (M), NOSIKE

IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwashiuku Judicial Division did conspire to commit murder.

STATEMENT OF OFFENCE: COUNT II

Murder, punishable under S. 319(1) of the Criminal Code Law Cap C.21 Vol. 1 Laws of Delta State, 2006.

PARTICULARS OF OFFENCE

OKEMEFUNE NDOZIE (M), NOSIKE IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwashi-Uku Judicial Division murdered one SMART OKUTE.

STATEMENT OF OFFENCE: COUNT III