Nwashiri Ofoha V. The State (1976)

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O. OBASEKI, Ag. J.S.C.

The appellant was tried on information for the murder of Ugadiya Ofoha contrary to Section 319(1) of the Criminal Code and convicted by Obi-Okoye, J., sitting at Okigwe in the High Court of the East Central State of Nigeria.

Aggrieved by the decision, the appellant appealed to this court. But at the hearing of the appeal on the 11th day of December 1975, counsel for the appellant had nothing to urge in favour of the appellant and having satisfied ourselves that the conviction was justified by the evidence on record, we dismissed the appeal without giving reasons then.

We now give our reasons.

The facts of the case are briefly as follows:

The appellant Nwashiri Ofoha and the deceased Ugadiya Ofoha were widows of the same husband Ofoha who died many years previously. They lived together in the family house at Amauzari but not happily. The evidence is that it was the appellant that always provoked the quarrel. Each had her own farm but not in the same area.

On the 6th day of September, 1974, Ugadiya went to her farm. Unknown to her, the appellant kept watch on her movement. After the deceased left, the appellant also left for the farm of the deceased. Before the deceased left, she informed Martina Nwokeokibe P.W.8 of her destination. As Felicia Osuola P.W.6, Martina Nwaeche P.W.7 and Okwelekediya Ikeme were walking through the bush path to the market, they came to a point where they heard someone shouting “we eyeye” several times, apparently in pain.

They stopped and called out to know who was crying. Then they stopped and called out to know who was crying. Then they heard someone who turned out to be the appellant reply that the shouting was not from there. The appellant on seeing them took to her heels and disappeared into the bush. This was despite the fact that P.W.7 was calling her back. This fact was later communicated to Joseph the son of the appellant. Joseph and P.W.7 and one boy went back in search of the appellant and rescued her from a ditch into which she had fallen and was taken home. Martina Nwokeokibe P.W.8 on hearing what happened to the appellant rushed to the farm where the deceased went to give her the news. She got there only to be driven back by the ugly sight of her corpse with cuts all over. She rushed back to the village and broke the sad news to the people.

The appellant on being questioned by Lawrence Onwuzuruike P.W.4, a brother-in-law, admitted that she killed the deceased. A report was made to the police who immediately began their investigation. The appellant was helpful to the police. She admitted the act and took them to the cassava farm where she showed them the dead body and took them to a distance of about 400 yards to recover the weapon (matchet) with which she killed her. The matchet was blood stained. She then made a confessional statement Exhibit 2A to the police, that “it was after the deceased raised a matchet and cut her on her arm that she overpowered her, wrested the matchet from her and killed her with it. She also admitted in court that she killed the deceased saying that it was after the deceased cut her with the matchet that she wrested the matchet from her and killed her with it. She also complained of seeing double after her market stool was stolen. These facts can be seen from the evidence of the appellant which reads:

“I know Ugadiya Ofoha. Both of us were married by the same husband. I gather that she is now dead. My market stool was missing …. I do not know what the person who took it intended to do with it. The stool was never seen later. After that I asked the deceased about it and she said she did not know anything about it. I later became sick and started to see double …. I went to the hospital and received treatment. But on my way returning I became worse. I entered the bush and continued to wander about in the bush.I later entered the house of a certain woman ….. The deceased cut me with a matchet at the back of my right arm. I had nothing with me when I met the deceased in the farm. Our farms were the same. I went there to work. The deceased cut me when I challenged her for cutting the palm leaves on my farm. We quarrelled and she cut me first. I took the matchet from her and retaliated. I went away after matchetting her. I did not know that I therafter went inside a pit”.

Under cross-examination she said inter alia:

“I did not suspect somebody of stealing the stool. I left the matter until I became sick and from then I felt that someone had made medicine with it against me. I deny that I ever suspected the deceased. We were in good terms …… I went to the farm that day with a matchet”.

Q: Is Exhibit 3 not the matchet you used in killing the deceased

A: No answer.