Peter Iroh V. The State (2009)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A.

This is an appeal against the judgment of the High Court of Abia State, delivered on the 28th of March 2012, whereby the accused person and three others were convicted and sentenced to death for the murder of one Chief Peter Okorie.

SYNOPSIS OF FACTS
The Appellant and seven others were arraigned on an amended information before the High Court of Abia State, Umuahia Judicial Division for the offence of murder contrary to Section 324 of the Criminal Code Cap 30, Laws of Eastern Nigeria 1963 (applicable in Abia State)

In proving his case, the prosecution called four witnesses while the accused persons denied the charge and testified in their own behalf.

On the 13th of June 2004 the Appellant and others went to the deceased house with clubs, matchets and guns. He was stripped naked, his clothes were torn and he was beaten up. Thereafter he has not been seen.

PW1, wife to the deceased Chief Peter Okorie did state that on the 13th of June 2004, the Appellant, and other youths came to their house and started to beat her husband who was the traditional

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prime minister to the Eze. He was also a native doctor.

The deceased son Chimaoge Okorie did testify that in 1997, the Imo River Basin Authority had a problem with their community in Lokpanta, which led to some people being detained at the Police Station. After that, there were moves to settle the matter at home.

That members of the community came to his father to borrow them the sum of N20,000 and they showed his father a parcel of land for him to hold for a year pending the payment of the money.

When the community failed to pay same, the father started making use of the land in 2001. PW2 corroborated this evidence. Indeed he did say that the Appellant and others unknown, carried his father through a track road leading to the Enugu expressway. He followed them. That the 4th accused called his 1st son Josiah Udoh who brought his Nissan bus. They put his father in a jute bag and tied it and put it in the bus and went towards the boundary between Enugu and Abia State.

After the trial, the Court below found the Appellant guilty as charged, and convicted him of the offence of murder, and sentenced him to death.

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Dissatisfied the Appellant filed his Notice of Appeal on the 19th of May 2012. It encapsulates seven (7) Grounds of Appeal.