Reuben Okasi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment)

The Appellant and eight other persons were arraigned before the High Court of Imo State in Owerri Judicial Division on 24th day of November, 2010 charged with the following offence to wit:

“STATEMENT OF OFFENCE

MURDER: contrary to Section 319(1) of the Criminal Code, Cap 30 vol. 11 Laws of Eastern Nigeria.

PARTICULARS OF OFFENCE

UCHENNA NDUKWU, CHIMA OKEBATA, JOHN EMESIOBI STANLEY NDUKWU EKENE NDUKWU, REUBEN OKASI, CHINYERE ADA NDUKWU, CHARLES OKASI AND VINCENT EMESIOBI.

On the 4th day of November, 2010 at Umudaga Awombieri in the Owerri Judicial Division did murdered one Chief (Sir) Augustine Ndukwu.”

The plea of the Accused persons including the Appellant was taken on 31st day of October, 2011. It is pertinent to say that shortly before the said plea of the Accused persons was taken the Learned Director of Public prosecutions applied and was granted permission to withdraw the information against the 2nd and 4th Defendants whose names were subsequently struck out.

The remaining seven Accused persons pleaded (each) to the

charge. The 1st Accused person Uchenna Ndukwu pleaded guilty to the charge. The trial Judge in consonance with principle of laws in Criminal trial involving capital offences entered a plea of NOT GUILTY for the 1st Accused. Each of the other six (6) accused persons pleaded not guilty to the one count charge. The Appellant was the 4th Accused at the Court below.

The prosecution called six witnesses and tendered exhibits in order to sustain the charge against the Accused persons. The Appellant entered upon his defence at the trial. At the close of the defence case the Learned trial judge delivered a considered judgment in the matter on the 18th day of February, 2013.

In the course of his judgment the Learned trial Judge stated and reviewed what he believed to be the evidence against and involvement of the 4th Accused now Appellant at the said trial for murder of Chief (Sir) Augustine Ndukwu.

From page 289 through 290 of the record the Learned trial Judge said concerning the appellant as follows:-

“DW7 Reuben Okasi (4th accused) testified next. He lived at Awo Mbieri at the material times. He knows only his brother 6th accused Charles