Ochuko Tegwonor V. The State (2007)

LawGlobal-Hub Lead Judgment Report

SAKA ADEYEMI IBIYEYE, J.C.A.

The accused person now the appellant in this appeal was arraigned on a one count charge of murder under S.319 of the Criminal Code Law Cap 48 Vol. II Laws of the defunct Bendel State of Nigeria 1976 applicable to Delta State before the Effurun Judicial Division of the Delta State High Court of Justice. The appellant pleaded not guilty to the charge.

The State as the prosecuting party in an attempt to sustain the charge called four witnesses while the accused person, in defence, testified in her own behalf without calling any witness.

It is pertinent to point out that none of the prosecuting witnesses gave an eye witness account of the incident which led to the injury on the head of the deceased on 21/5/2002 which eventually led to his death on 29/5/2002. The PW4 who is a medical officer gave a graphic account of the post mortem examination which he carried out on the corpse of the deceased.

Significantly, the PW4 stated that the cause of death of the deceased was “untreated neglected wound which resulted in tetanus infection”. He also opined that the primary cause of death is equally “linear neglected wound on the forehead while the secondary cause is tetanus”.

The accused person in her evidence on oath essentially denied hitting the deceased with a shovel in contradiction to her earlier extra judicial statement made to the police where she admitted hitting the deceased on the head with a shovel. The learned counsel for the accused person and the learned prosecution thereafter addressed the trial Court.

In a considered judgment, the learned trial Judge held, inter alia:

“In the circumstances, I believe the evidence of the prosecution and disbelieve the evidence of the accused. From the totality of the evidence before this Honourable Court, I am satisfied that the prosecution has proved its case against the accused beyond reasonable doubt. I hold that the accused intentionally murdered the deceased, Augustine Idemidaye, on 21/5/02 on a mere argument arising from channeling of water from the compound.”

The accused person was dissatisfied with the judgment and appealed to this Court on two grounds of appeal.

The accused person/appellant (hereinafter called the appellant) distilled only one issue from the two grounds of appeal for the determination of this appeal. The only issue reads:

“Whether the learned trial Judge improperly appraised and evaluated the evidence before him thereby convicting the appellant of the offence of murder.”

The prosecution/respondent (hereinafter referred to as the respondent) on its part also identified only one issue from the two grounds of appeal filed by the appellant. The said sole issue raised for the determination of the appeal reads:

“Whether the prosecution proved its case against the appellant beyond reasonable doubt.”

At the hearing of the appeal on 25/4/07, Sylvia Ogwemoh, Esq., the learned counsel for the appellant adopted and relied on the appellant’s brief of argument and urged the Court to allow the appeal and enter a verdict of discharge and acquittal for the appellant.