Nwiboko Akputa v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Enugu Judicial Division, delivered on the 26th day of November, 2020, which affirmed the judgment of the High Court of Ebonyi State, delivered on the 19th day of September, 2018, which found the appellant guilty of the offence of murder and imposed the statutory death sentence as punishment.

Nwiboko Akputa, (“the appellant”) and one Sunday Nwoka were jointly charged on a one-count charge for murder contrary to section 319(1) of the Criminal Code Law, Cap. 33 Vol. 1, Laws of Ebonyi State of Nigeria, 2009, at the High Court of Ebonyi State. The prosecution relied on five (5) witnesses as well as several exhibits including the extra-judicial statements of the appellant, in mounting its case at the trial.

The case of the prosecution was that on the 13th day of July, 2013, the appellant and the second accused gruesomely murdered the victim, Chukwuma Akputa (now deceased), who happened to be the brother of the appellant.

It was alleged that the appellant had a protracted land dispute with the deceased and had made several attempts to kill the deceased. However, the incident that led to the death of the deceased was that on the aforementioned day, the appellant had phoned the deceased and lured him to a bush where the appellant and the second accused attacked and stabbed him to death with daggers.

Thereafter, the deceased was declared missing and a search party was organized to look for him. The appellant joined the search party.

Yet, the deceased could not be found. Police investigations fixed the appellant as a suspect and upon interrogation, the appellant confessed that he and the second accused killed the deceased.

He then took the police and villagers to the River Bank where he had dumped the deceased’s body. The said body was recovered therefrom.

In his defence, the appellant testified for himself and called no other witness. The second accused also testified for himself. Throughout the trial, proceedings and documents tendered in evidence were conducted and made in English Language.

The trial court, by its judgment delivered on the 19th day of September, 2018, found the appellant guilty of the offence of murder and imposed the statutory death sentence as punishment. On the other hand, the second accused was not found guilty and was subsequently discharged and acquitted.

Dissatisfied with the judgment of the trial court, the appellant filed an appeal before the lower court challenging his conviction and sentence, via an amended notice of appeal filed on the 15th day of May, 2020, containing six grounds of appeal. The lower court, by its judgment delivered on the 26th day of November, 2018, dismissed the appellant’s appeal and affirmed the judgment of the trial court on all issues raised.

Dissatisfied with the judgment of the lower court, the appellant has now filed an appeal before this court challenging his conviction and sentence, via a notice of appeal filed on the 27th day of January, 2021, containing four grounds of appeal. For the reasons which will shortly come to light, I intend to reproduce them as follows:

Ground 1: error in law

The learned Justices of the Court of Appeal erred in law when they held: