Okemefune Ndozie V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Benin Division delivered on 16th July, 2013 wherein the Lower Court affirmed the judgment of the trial High Court of Delta State sitting at Ogwashi-Uku. In the said judgment the appellant and two others were found guilty and convicted for the offence of conspiracy to commit murder of one Smart Okwute and sentenced to 10 (ten) years imprisonment each with hard labour.

The brief facts giving birth to this appeal may be stated as follows:-

The appellant and three other persons were originally arraigned before the High Court of Delta State sitting at Ogwashi-Uku and presided over by T. O. Diai, J on 1st December, 2010 upon information filed on 19th August, 2010. The original information was subsequently substituted by a four count information on 12th January, 2011.

The record shows that in the information filed by the State, the 1st, 2nd and 3rd accused persons 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, Law of

1 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 Ogwuashi-Uku Judicial Division did conspire to commit murder.

STATEMENT OF OFFENCE; COUNT II

Murder, punishable under Section 319 (1) of the Criminal Code Law Cap. C21 Vol.1 Laws of Delta State.

PARTICULARS OFFENCE

OKEMUFUNE 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.