Obiora Obianwu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Anambra State High Court delivered on 26/7/2000 by Hon. Justice C. E. Iyizoba wherein Her Ladyship convicted the appellant for murder and sentenced him to death by hanging. The facts that led to this appeal are as follows:

The undisputed facts as found by the learned trial judge are that P.W.1 and the appellant were friends. The appellant owed P.W.1 a pair of jeans while the appellant owed the deceased N200.00. The deceased went with P.W.1 to the house of the appellant to retrieve the jeans. An altercation ensued between the three of them. The appellant stabbed the deceased with a broken bottle and the latter died.

The learned trial judge accepted the version of P.W.1 as against that of the appellant to hold that the assault by the appellant which caused the death of the deceased could not be excused by self defence, provocation or accident and convicted the appellant of murder.

Dissatisfied with the judgment of the trial Court, the appellant initiated this appeal by a Notice

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of appeal filed on 3/8/2000 containing three grounds of appeal and transmitted records on 17/1/2008. The appellant’s brief was filed on 13/11/2015. Respondent’s brief was filed on 19/2/2016 and deemed filed on 23 /2/2016.

In the appellant’s brief settled by J. O. N. Ikeyi, three issues were identified for determination to wit:

a) Whether there were material discrepancies in the oral evidence of the appellant and his extra Judicial statement made to the police which could tilt the case against the appellant.

b) Whether there was proper evaluation and assessment of the evidence of the prosecution by the trial Judge, to enable the Court do Justice to the case.

c) Whether the prosecution proved the offence of murder by the appellant beyond reasonable doubt.

In the Respondent’s brief settled by E. I. Okafor the issues raised by the Appellant for determination were adopted by the Respondent. After careful perusal of both briefs, I shall crystallise the issues for determination into one issue as follows:

Whether the Learned trial Judge properly evaluated the evidence of the prosecution and defence to make the finding that the appellant

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