Olom Adie V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The appellant was the second out of three accused persons charged before the High Court of Justice, Cross River State of Nigeria holden at Ogoja. The charges read as follows:

“STATEMENT OF OFFENCE:

CONSPIRACY contrary to Section 520(6) of the Criminal Code Law Cap C16 Vol.3 Laws of Cross River State of Nigeria, 2004.

PARTICULARS OF OFFENCE:

ADIE CHRISTOPHER EBODO, OLOM ADIE and AJOR ENEJI on the 28th day of October, 2007 at St. Mark’s Primary School Gakem, Bekwarra in the Ogoja Judicial Division did conspire amongst yourselves to effect an unlawful purpose to wit: Cause grievous harm to Hon. Agabi Edward Efenji.

STATEMENT OF OFFENCE COUNT II

GRIEVOUS HARM contrary to section 355 of the Criminal Code Law Cap C16 Vol.3 Laws of Cross River State of Nigeria, 2004.

PARTICULARS OF OFFENCE

ADIE CHRISTOPHER EBODO, OLOM ADIE AND AJOR ENEJI on the 28th day of October, 2007 at St. Mark’s Primary School Gakem, Bekwarra in the Ogoja Judicial Division did cause grievous harm to Hon. Agabi Edward Efenji.”

The three suspects pleaded not guilty to the charges on 3rd August, 2010. Trial proceeded on 22nd day of October, 2010. The prosecution called PW1-PW4. The suspects testified as Dw1 (Olom Adie); Dw2 (Anjor Eneji) and DW4 (Adie Christopher Ebodo). The paramount Ruler (Dw3) could not conclude his evidence in-chief despite several adjournments. On application by learned Counsel on both sides the learned trial Judge expunged his testimony on 17th October, 2011.

The appellant testified, called Dw5 and closed his defence. Learned Counsel submitted written addresses which the learned trial Judge considered before discharging and acquitting Adie Christopher Ebodo (Dw4) on 31st January, 2012 for lack of evidence. The learned trial Judge sentenced the appellant/2nd suspect and one Anjor Eneji (3rd suspect) on Counts 1 and 2 as follows:

“Sentence: I hereby sentence the 2nd accused person to one year imprisonment on count one. I sentence 2nd accused to one year imprisonment on count two. I hereby sentence 3rd accused person to one year imprisonment on count one. I sentence him to one year imprisonment on count two. All sentences to run concurrently.”

See page 82 lines 1-9 of the printed record.