Samuel Ani v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HARUNA SIMON TSAMMANI, JSC (Delivering the leading judgment)

The appellant herein, Samuel Ani was arraigned, tried and convicted by the Enugu State High Court of Justice, Obollo Afor Judicial Division presided over by F. I. N. Ngwu, J (of blessed memory), in a judgment delivered on the 24th day of July, 2018. The conviction was for murder pursuant to a charged which alleged as follows:

Statement of offence

Murder contrary to section 274(1) of the Criminal Code, Cap 30, Revised Laws of Enugu State of Nigeria, 2004.

Particulars of offence

Samuel Ani on the 24th day of April, 2004 at Agbuji, Eha- Amufu in the Obollo Afor Judicial Division murdered one Paul Odo.

As the facts of this case reveal, the appellant, Samuel Ani was the maternal nephew of the deceased (Paul Odo). The deceased was of the same parents as the appellants mother. Sometime in the year 1996, the appellant joined his maternal uncle (deceased) at Misau in Bauchi State in his business as an apprentice.

The appellant served the deceased for a period of about four (4) years and the deceased gave him his freedom from the apprenticeship. The deceased then gave the appellant a sum of money to start his own business.

The appellant then started his own business which is said to have prospered. The appellant then decided to build a house within his family compound in the village, Agbuji Eha-Amufu) in Enugu State. The deceased got news of the acts of the appellant and accused him of stealing his money to build the house.

A family meeting was then called by the elders in order to resolve the issue but both appellant and the deceased held their grounds in the sense that while the appellant resolutely denied stealing the deceaseds money, the deceased insisted that the appellant stole his money. That was the situation when the deceased was shot to death and the appellant was arrested for the killing.

In his defence, the appellant stated that the deceased had invited him to his home for a meeting in the night of the incident.

That when he (appellant) went to the deceaseds house, the deceased threatened him with a gun so that he could confess to the theft. That the appellant then went on his knees, pleading his innocence but the deceased continued threatening him with the gun.

That a struggle then ensued where of the gun went off, hitting the deceased in the face. The deceased died instantly while the appellant ran away from the scene. He was later arrested and charged with the murder of the deceased.

At the trial, the prosecution called five (5) witnesses and tendered a number of exhibits, including the extra-judicial statement of the appellant. The appellant testified in his defence but did not call any other witness. Respective counsel filed and exchanged written addresses, and in a considered judgment delivered on the 24th day of July, 2018, the trial court convicted and sentenced the appellant to death. His appeal to the Court of Appeal, Enugu Division was dismissed, hence this appeal.