Odion Okhiria V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the Judgment of High Court of Justice, Edo State of Nigeria, Auchi Judicial Division in Charge No. HEK/2C/2003: THE STATE VS ODION OKHIRIA & 3 OTHERS delivered on 3rd day of May, 2011 wherein the Accused/Appellant was convicted on Counts 1 & 2 and sentenced to 7 years imprisonment with hard labour in Count 1 and 14 years imprisonment with hard labour in Count 2. The terms of imprisonment are to run concurrently.

Briefly, the facts of this case are that the Appellant and one Miss Aimuanohi Iziengbeaya Ihonre (i.e. PW7) had dated for about 4 years until PW7 decided to call off the relationship as she felt it was not going to lead to marriage.

The Appellant felt bad and threatened to kill PW7 or blind her. On 17/5/2002 at about 6.30pm while PW7 was on her way to church at Ujemen in Ekpoma, the Appellant used his vehicle to block the vehicle which PW7 boarded, dragged her out of the vehicle and beat her up. PW7 was rescued from the Appellant. And at about 8.00pm on the same day, the Appellant in company of his gang members including 2nd and 4th Accused

persons came to the PW7 father?s house, destroyed the house and about 5 other houses in the area. On 18/5/2002 at about 4.15pm, the Appellant returned in search of PW7, in company of some group of boys with gallon of what looks like fuel and other dangerous weapons like bottles, knives, etc. The Appellant was seen in front instructing the people with him and in the process, the house of PW1 was completely burnt down by fire set on it by the Appellant and those who were with him.

The PW1 Philemon Ikpefua testified and told Court how the Appellant led some boys numbering about 20 to their street on 18/5/2002, how he was pursued by the boys after the Appellant identified him as the landlord of the house they were heading to and how he fled for his life because of the dangerous weapon they were holding. He later testified of how he later saw his house in flame from his hideout, while the Appellant and his men kept watch until the house was completely razed down by fire. (See pages 84 – 85 of the Record of Appeal).

The PW2 Mr. Clement Irekenagba also told the trial Court how he saw the Appellant on the day commanding the crowd, telling them to destroy anything

they see and how they eventually set PW1?s house on fire (See pages 86 – 88 of the Record of Appeal).

The PW3, Mrs. Alice Aiyedun, who is the mother of PW1, also testified of how she saw the Appellant in company of some other persons holding a gallon and how they eventually set PW1?s house on fire. (See 88 – 90 of the Record of Appeal).There was also evidence on record by PW4, 5, 6 and 7 of how the Appellant led a mob which led to the burning of PW1?s house. (See pages 91 – 102 of the Record of Appeal).

The Appellant in his own case denied the allegation. He testified for himself and called one other witness. He denied setting fire on PW1?s house and testified that he only led members of Anti-Cult Crusade Organisation of Nigeria (ACCON) to PW1?s house to invite her for an amicable settlement of their dispute. He further testified that they were attacked in the process by the younger brother to PW7 and his friends which led to some of them sustaining injuries, that one of them escaped to campus to alert the students of the attack which led to a retaliation by the students and in the process the house of PW1 was set on fire.

?At the

conclusion of trial at the Lower Court, the Appellant was convicted and sentenced to 7years imprisonment with hard labour in Count 1 and 14 years imprisonment with hard labour in Count 2.

The Appellant who is dissatisfied with the Judgment has now appealed to this Court seeking to have his conviction set aside and a verdict of acquittal entered in his favour.The learned counsel for the Appellant formulated a sole issue for the determination of the appeal. The issue is set out as follows: –

?Whether the prosecution proved its case beyond reasonable doubt to warrant the conviction and sentencing of the Appellant to 7years imprisonment with hard labour and 14 years imprisonment with hard labour respectively for conspiracy and arson.?