Sabina Chikaodi Madu V. The State (2006)

LawGlobal-Hub Lead Judgment Report

ISTIFANUS THOMAS, J.C.A.

The criminal appeal is against the conviction of the appellant delivered by T. U. Uzokwe, Judge on 1st June 2004 in charge No. HOS/4C/2003 at Osisioma High court of Abia state. Appellant was charged along with one person called Chinonye Amuzie who latter died in prison before the filing of this appeal. The charge was for the murder of a pregnant girl called Nnenna Nwosu.

The prosecution called five witnesses, while the appellant in her defence, testified, but called no other defence witness. The co-accused also testified in his own defence, and could not call any other defence witness.

The appellant along with the co-accused were found guilty as charged, then convicted and sentenced to death by hanging. It is against that conviction that the survived appellant has appealed to this Court.

The brief material fact before the commencement of the prosecution is that the appellant and 2nd accused, lived at No.17 Power Line Abayi Ariaria, Aba, Abia State. The deceased also lived with her father (PW1) at No. 16 Power Line Abayi, Ariaria, Aba Town. The two house are thus located opposite each.

The appellant and deceased’s family were rather intimate to the extent that PW1 and his daughter – the deceased, used to give their house key to the appellant whenever they lock their door or were going out; and on 27- 08-02, pw1 travelled to their village near Owerri and directed the appellant to look after the deceased who by then she was 18 year old. When Pw1 returned from his journey at about 8.00 pm on 30-08-02, he found his house door locked and as usual, he went to appellant’s house to collect the key and also to know if deceased was with appellant.

But the appellant replied, “that she was with her some moments ago but did not know where she went.” This is clear on page 42 lines 18 – 19 of the record of appeal.

At that stage, PW1 asked for the key from the appellant, but after a purported search, appellant said she could not locate the key. The PW1 then left to look for the deceased daughter and when he could not find her, he came back to the appellant again and asked where she had said that his daughter (deceased) went to, but the appellant pleaded with PW1 not to be annoyed, and that the daughter had “told her that she was going to see her brother at Faulks Road.” See page 42 lines 27 -28 of the record. On hearing that, PW1 went to Faulks Road but was told that his deceased daughter did not come to the place; and by the time he came back to his house in search of his daughter it was 12.00 mid-night on that fateful 30-08-02. He knocked at the gate of a neighbour and with his assistance; PW1’s house was forced open.

The following day being 31-08-02, PW1 came out at about 5.00am and he met the appellant sweeping the frontage of her compound where she used to fry akara (cake beans), PW1 then asked the appellant for the 3rd occasion demanding to know the where about of his daughter, and the appellant pleaded PW1 not to be offended and replied: “That she has now remembered that Nnenna (deceased) told her that she will follow me to the village (Owerri) to find out why I had not yet returned.” See page 43 lines 9 – 12 of the record. Based on the appellant’s statement, PW1 immediately travelled to the village that morning on 31-08-02 but he could not see his daughter but later, he met his son at Owerri who told him that the daughter – Nnenna was dead and that her corpse was found in the sock-away behind the appellant compound. PW1 then returned to Aba town, and was taken to hospital mortuary by the IPO (PW3), where PW1 then observed and identified the corpse of the deceased. Post mortem was conducted by PW4 – Dr. Nicholas Etebu whose evidence was testified when prosecution was in progress. As earlier stated, the appellant and one Chinonye Amuzie were charged with the murder of Nnenna Nwosu. The prosecution witness who testified at the trial are:

“1. PW1 – Mr. Simon Nwosu, he was the father of the deceased.

2. PW2 – Mr. John okoro who was the caretaker at the premises where the corpse of the deceased was found in the sock-away.
3. PW3 – cypril Nwosu, the investigation Police officer (IPO).
4. PW4 – Dr. Nicholas Etebu who performed the post-mortem examination of the body of the deceased.
5. PW5 – Mr. Christopher Nwagwunwanne – who also took Part in the investigation of the case.

After the prosecution had closed its case and the appellant and co-accused (now dead) also testified in their respective defence and called no other defence witness, the trial court ordered for and received written submissions of both counsel. The learned trial Judge painstakingly, considered both sides submissions and found the appellant and co-accused guilty as charged and accordingly convicted and sentenced them to death by hanging.

It is against that conviction that the appellant has appealed to this Court by filing notice of appeal at the lower court on 20-08-2004. The 3 grounds of appeal without reference to the particulars are as follows:

“GROUND ONE: ERROR IN LAW:

The learned trial Judge erred in law when he held that: