Obasanjo Egharevba V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OYEBISI FOLAYEMI OMOLEYE, J.C.A (Delivering the Leading Judgment)

In the High Court of Justice in Benin City, Edo State, the Appellant and another were arraigned before the Honourable Justice E.O. Ahamioje on two counts as follows:

STATEMENT OF OFFENCE COUNT 1

Conspiracy to murder, punishable under Section 324 of the Criminal Code Cap. 48, vol. II laws of the Bendel State of Nigeria 1976 now applicable in Edo State of Nigeria.

PARTICULARS OF OFFENCE

Obansanjo Egharevba (m) and Ejerokenme Vickmagor (m) on or about the 19th day of May, 2001 at Ogba Prison Farm Settlement Benin City in the Benin Judicial Division conspired with one another to commit felony to wit: murder

STATEMENT OF OFFENCE COUNT II

Murder, punishable under Section 319 of the Criminal Code Cap. 48, vol, II Laws of the Bendel State of Nigeria, 1976 now applicable to Edo State of Nigeria.

PARTICULARS OF OFFENCE

Obasanjo Egharevba (m) and Ejerokoneme Vickmagor (m) on or about the 19th day of May, 2001 at Ogba Prison Farm Settlement Benin City in the Benin Judicial Division murdered one Lucky Ominike (m).

The brief facts of this case according to the Respondent are that, the Appellant, one Ejerokogene Vickmagor and Friday Jatto (who gave evidence at the trial as PW3) were all inmates at Oko Maximum Prison, Oko, Benin City. On 19th May, 2001, the deceased, Lucky Ominike, who was a prison warder at the said prison took the three inmates to work at the prison garden. The Appellant along the way said he needed to drink water and the deceased took him aside and gave him water. As the duo turned to return to work, the Appellant hit the deceased on the head with the hoe he was holding. The deceased’s scream attracted the attention of the other inmates. PW3 rushed to the scene, took the injured deceased to the hospital, while the Appellant and the other initial suspect took to their heels and escaped from the prison precinct.

Lucky Ominike died about three weeks after the attack on him. Consequently, the Appellant and the said other suspect were charged to and arraigned before the trial court. At the trial, the Respondent called three witnesses and tendered three exhibits. The Appellant and his co-accused testified for themselves but called no witnesses. At the close of the trial, the Appellant’s co-accused was discharged and acquitted, while the Appellant was found guilty of and convicted for the murder of the deceased. The Appellant was sentenced to death by hanging.

The Appellant was unhappy with the said decision of the trial court. Therefore he appealed to this Court on an omnibus ground of appeal, contained in page 75 of the record of appeal, the notice and grounds of appeal dated 23rd August, 2010 and filed on 24th August, 2010 having been abandoned. The omnibus grounds state as follows:

1. That the learned trial Judge erred in law in convicting the appellant of murder when there was no direct evidence before the court that the appellant was responsible for the murder.
2. That the decision of the trial Judge is therefore unwarranted, unreasonable having due regard to the weight of evidence.

On the 24th of January, 2012 when the appeal was heard by this Court, the learned counsel for the Appellant, Mr. E.O. Achukwu identified, adopted and relied on the Appellant’s brief of argument dated and filed on 19th October, 2010. He urged this court to allow the appeal, set aside the judgment of the lower court, discharge and acquit the Appellant.