Okemefuna Ndozie V. The State (2013)

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 High Court of Delta State sitting at Ogwashi-Uku delivered by Honourable Justice T. O. Diai on 23rd May 2012, wherein the lower court found the appellant guilty of the offence of conspiracy to commit murder and sentenced him to 10 years imprisonment without an option of fine.

The facts which led to this appeal are as follows:

The appellant and three other persons were originally arraigned before the lower court on 1st December, 2010 upon information filed on 19th August, 2010. The original information was subsequently substituted by a four count information on 12th December, 2011.

In the information filed by the State, the 1st, 2nd and 3rd appellants were charged with the following offences:

STATEMENT OF OFFENCE: COUNT 1

Conspiracy to commit felony to wit: murder, punishable under

S.324 of the Criminal Code Law Cap. C.21 Vol.1 Laws of Delta State, 2006.

PARTICULARS OF OFFENCE

OKEMEFUNE NDOZIE (M), NOSIKE IBOJI (M) CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwashi-Uku Judicial Division did conspire to commit murder.

STATEMENT OF OFFENCE: COUNT II

Murder, punishable under S. 319(1) of the Criminal code Law Cap. C.21 Vol. 1 Laws of Delta State, 2006.

PARTICULARS OF OFFENCE

OKEMEFUNE NDOZIE (M), NOSIKE IBOJI (M). CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March 2010 at Otulu, in Ogwashi-Uku Judicial Division murdered one SMART OKUTE