Sampson Nkemji Uwaekweghinya V. The State (2005)

LAWGLOBAL HUB Lead Judgment Report

MUSDAPHER, J.S.C.

In the High Court of Justice of the former Imo State in the Umuahia Judicial Division (now in Abia State), the appellant herein was arraigned for the offence of murder contrary to and punishable under section 319(1) of the Criminal Code, Cap. 30, Laws of the former Eastern Nigeria applicable to lmo State. It was alleged that the appellant did murder one Gabriel Ejioforon the 4th day of June, 1986 at Ndi Eheugo, Bende, in the said Umuahia Judicial Division. At the trial, the prosecution called six witnesses in proof of the charge, while the appellant was the only witness for the defence. After the address of counsel and in his judgment, delivered on 17th of December, 1987, Maranzu, J. convicted the appellant for the offence of murder and sentenced him to death. The appellant appealed to the Court of Appeal where the following issues were submitted for the determination of the appeal:-

(1) Whether the admission by the learned trial Judge of the appellant’s alleged confessional statement written in a language which the appellant does not understand; and without interpretation led to a denial of fair trial and occasioned a miscarriage of justice in the case.

(2) Whether there was evidence before the trial court to afford the appellant of the defences of provocation and self-defence.

(3) Whether the prosecution proved the charge of murder against the appellant beyond reasonable doubt as required by section 138(1) of the Evidence Act.

In its judgment delivered on the 4th day of December, 2003, the Court of Appeal dismissed the appellant’s appeal and affirmed the conviction and sentence of the trial court. This is a further appeal to this court.

The notice of appeal contains 3 grounds of appeal and they read:-

1. The learned Justices of the Court of Appeal erred in law in affirming the decision of the trial court to admit and rely on the confessional statement of the appellant recorded in a language which the appellant did not understand and without interpretation did not lead to a denial of fair hearing and occasion a miscarriage of justice in the case.

(i) The investigating police officer who recorded the alleged confessional statement in the English language did not translate the same in Ibo language understood by the appellant.

(ii) The said statement was similarly tendered and received in evidence in court without translation in the Ibo language understood by the appellant.

(iii) The appellant is a stark illiterate who can neither write nor speak the English language.

(iv) This obvious failure had denied the appellant a fair hearing and had led to a miscarriage of justice.

2. The learned Justices of the Court of Appeal erred in law in holding with the trial court that the alternative defences of provocation and self defence were not available to the appellant.

Particulars of Error

i. There was sufficient evidence from the circumstances and facts of the case to support either or both.

ii. There was no adequate evaluation of the appellant’s evidence with regard to these two defences.