Okechukwu Okafor V. The State (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 23/9/2015 by the High Court of Imo State sitting in the Etiti Judicial Division presided over by Hon. Justice E.O. Agada (hereafter to be simply referred to as ?the lower Court? and ?the learned trial Judge? respectively).

Both the Appellant as the 1st accused person and one Beatrice Ihuoma(his mother) as the 2nd accused person, were charged with the murder of one George Okafor, contrary to Section 319(1) of the Criminal Code, Cap. 30, Vol. 2 of the Laws of Eastern Nigeria, 1963 as applicable to Imo State in the Information filed before the lower Court.

George Okafor (hereafter to be simply referred to as ?the deceased?) was the 1st accused person?s Uncle and also brother-in-law to the 2nd accused person. Both accused persons pleaded not guilty to the charge preferred against them on 19/3/2012. After evaluating the totality of the evidence adduced before it by the prosecution and the accused persons, the lower Court found the prosecution not to have proved its case beyond

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reasonable doubt against the 2nd accused person, and consequently ?discharged and acquitted? her; but having found the prosecution to have proved its case beyond reasonable doubt against the Appellant, the said Court in its judgment, found him guilty of the offence of murder as charged and duly sentenced him to death by hanging as stipulated by the enactment under which he was charged and prosecuted.

In the instant appeal, which was commenced by a notice of appeal dated 26/11/2015 and filed at the registry of the lower Court on 30/11/2015, the Appellant is appealing against ?that part that convicted the appellant of murder? and seeks that this Court; allows the appeal and his conviction for the offence of murder be set aside.

The appeal was entertained on 1/6/2017 as parties before then, had filed and exchanged their respective briefs of argument and the positions of the record of appeal and the said briefs having been regularised on the said 1/6/2017.

?Appellant?s brief of argument dated 31/5/2016 and filed on same date but deemed as properly filed on 1/6/2017 was adopted and relied upon by S. Amadi-Obi,

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learned counsel for the Appellant (who settled the same) in urging the Court to allow the appeal and reduce the conviction of the Appellant from murder to manslaughter and sentence him to time already served.

Respondent?s brief of argument dated 28/2/2017 and filed on 10/3/2017 but deemed as properly filed on 1/6/2017 and which was jointly settled by J.C. Ibe and I.C. Ibeawuchi, (both being Assistant Directors of Public Prosecutions, Imo State) was adopted and relied on by I.C. Ibeawuchi in urging the Court to dismiss the appeal.

The notice of appeal filed by the Appellant contains three grounds and a sole issue was formulated for the determination of the appeal in the Appellant?s brief of argument from the said grounds of appeal. Re-produced hereunder are the grounds of appeal and the sole issue formulated by the Appellant: –

?GROUND ONE