Segun Akinlolu V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The prosecution arraigned the following persons before the High Court of Justice, Oron, in Oron Judicial Division, Akwa Ibom State as follows:

”STATEMENT OF OFFENCE:

Murder contrary to Section 319(1) of the Criminal Code Cap. 31 Vol. II Laws of Cross River State as applicable in Akwa Ibom State of Nigeria.

PARTICULARS OF OFFENCE:

Samuel Ogungbajie, Segun Akinlolu, and Andrew Ayedatiwor, on the 25th day of September, 1993 at Akpa Ikang Fishing settlement in Mbo Local Government Area of Oron Judicial Division, murdered Okon Uyeh of Udesi Akai Ati, from Mbo Local Government Area.”

The Appellant was the 2nd accused and the particulars of the alleged offence were that on the 25th of September, 1993 at Akpa Ikang Fishing settlement in Mbo Local Government of Oron Judicial Division, murdered one Okon Uyeh of Udesi Akai Ali village.

The State called two (2) witnesses in proof of the charge. The Appellant testified in self defence as PW1. After hearing final addresses from the learned counsel for the parties, the High Court, in the judgment delivered on the 27th October, 2009, convicted the Appellant for the offence charged. The Appellant was sentenced to death. This appeal is against that decision.

The notice of appeal was filed on 4th October, 2010 pursuant to the extension of time to appeal granted by the court on that day, and contains six grounds. In line with the requirements of Order 18, Rules 2 and 4 of the Court of Appeal Rules, 2011, learned counsel for the parties to the appeal filed briefs of argument as follows: Appellant’s brief was filed on the 19th December, 2013 and the Respondent’s brief was filed on the 23rd January, 2013. Mr. Sonny O. Wogu, Esq., counsel who settled the Appellant’s brief distilled a single issue for decision in the appeal at page 11 of the brief. It is thus:-

Whether the Respondent proved the charge of murder against the Appellant beyond reasonable doubt.”

The same issue, couched in slightly different form, was formulated by Mr. C. J. Udoh, Deputy Director, Public Prosecution, Ministry Of Justice, Akwa Ibom State, at paragraph 3 of the unpaged Respondent’s brief which in all, is of three (3) pages.

The learned counsel for the Appellant, cited inter alia, the cases of Uguru vs. State (2002) 9 NWLR (Pt.443) at 106 and Gira vs. State (1996) 4 NWLR (Pt.443) 375. What the prosecution had to prove beyond reasonable doubt, namely:

(i) The death of the deceased;

(ii) The act or omission of the accused that caused the death; and