Sgt. Lazarus Adiele & Ors. V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Imo State holden at Orlu presided over by Hon. Justice B. A. Njemanze delivered on 15/5/06 wherein the three Appellants were convicted for murder and sentenced to death by hanging.

The facts which led to this appeal are as follows: The Appellants amongst others were jointly charged as follows:

STATEMENT OF OFFENCE

Murder, Contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II – Laws of Eastern Nigeria 1963 as applicable to Imo State.

PARTICULARS OF OFFENCE

Inspector David Poli, Sgt. Lazarus Adiele, Cpl. Desmond Ononuju, Inspector Victor Chiaka, PC. Augustine Ochiaga, Inspector Sunday Uwadiegwu and Bonny Aikhadueki on the 15th day of August, 2002 along Orlu Road Junction by Mgbidi in Orlu Judicial Division murdered Christian Owerreoma.

At the trial, PW.2 – Boniface Ozumba gave evidence that on 15/8/2002 he was travelling in his Nissan Sunny Car with Reg. No. CY 926 AA with his brother in-law Christian Owerreoma who came home to get married. They encountered a check point along Orlu Road Junction by Mgbidi. After they left the check point, they were chased by police officers in their Algon Jeep. At the next police check point, mounted by mobile policemen, the most senior officer in the Algon Jeep, one Inspector Uwadiegbwu raised the alarm that P.W.2 and Christian Owerreoma were thieves and he and other policemen in the Jeep started shooting at the vehicle. Thereafter the mobile policemen at the check point also started shooting at the vehicle. The driver – P.W.2 on seeing that policemen were shooting at his vehicle, made a run for it but stopped a few poles from the check point. PW 2 and the deceased were severely wounded and were taken to White Rose Hospital Mgbidi where the deceased was pronounced dead. During the trial, the two sets of policemen claimed that the the deceased and PW2 were suspected to be armed robbers because the victims had refused to stop the vehicle at the regular stop and search carried on by the regular policemen in the Algon Jeep, and at the mobile police check point. They claimed that their behavior in refusing to stop caused the police to fire at the vehicle and its occupants in order to apprehend them.

All the six policemen found directly involved in the incident were charged on information to the High Court with the offence of murder contrary to S.319 (1) of the Criminal Code. At the trial court, the prosecution called 5 witnesses while each of the accused persons testified in his own defence but did not call any witnesses. At the conclusion of the trial, the learned trial judge found not guilty and acquitted the 1st, 4th and 5th Accused persons. The court found guilty as charged and convicted the 2nd, 3rd and 6th Accused persons. The court proceeded to sentence them to death by hanging.

The Appellants filed separate notices of appeal as required by the rules of this court. In a needless procedure, different files were opened for each Appellant.

Each Appellant was represented by a counsel of his choice and they filed different briefs. The appeals were taken together. Because of the different interests and defence inherent in the case made out by each Appellant, and the circumstances of this case, I will address the issues raised by each Appellant separately as contained in the different briefs in respect of their appeal. For the purposes of this appeal, the 2nd Accused person at the trial court and the 1st Appellant herein is Sgt. Lazarus Adiele. He filed appeal entered as CA/PH/326A/2007. The 3rd Accused person at the trial court was Sgt. Desmond Ononuju who is the 2nd Appellant herein. He filed appeal entered as CA/PH/326B/2007.

The 6th Accused person at the trial court Corporal Bonny Alkhadueki is the 3rd Appellant herein and he filed appeal entered as CA/OW/251/2010.

CA/PH/326A/2007

1st Appellant – Sgt. Lazarus Adiele. In respect of the 1st Appellant, the Appellant’s brief dated 3/9/07 was filed on 4/9/07. A reply brief was also filed on 5/11/10. The State as Respondent filed a brief dated 14/10/10 on 19/10/10.