Sopakiriba Igbikis Vs.the State (2017)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal sitting at Port Harcourt, hereinafter referred to as the Lower Court, delivered on 21st March 2014, affirming appellant’s conviction and sentence for the offences of conspiracy and murder by the Rivers State High Court, the trial Court, in the latters judgment dated 6th June 2013. The brief and undisputed facts that brought about the appeal are herein under recounted.

Respondent’s case remains that following an agreement arrived at a meeting in a hotel at Agudama Street, “D” line, Port Harcourt, the appellant and two others with whom he was tried as well as others at large, on 12th January 2007, murdered Chief Dan Opusingi, Chief Okpara Brown, Chief Obaye Ojuka, Chief Telema Eferebo, Chief Anthony Opuari, Gbang Gbang Pere, Ibiemi Bobmanuel, Bode Faabere and Ezekiel Kumi. The deceased were travelling on a speed boat from Abonnema to Kula both within Akuku Toru Local Government Area in Rivers State. The agreement among the

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conspirators was reached on the 5th January, 2007.

To prove its case, the respondent called six witnesses and tendered Exhibits A, B, B1, C and C1 C17. Exhibit B is Appellant’s extra judicial statement wherein he asserts being in Lagos at the time of the murder of the chiefs and totally denies being part of the agreement to and the murder of the deceased. Of the witnesses the prosecution called, PW5 was the only eye witness to the murder in respect of which the appellant and two others were tried two of whom stand convicted which conviction is affirmed by the Lower Court. PW5 made three extra judicial statement. Exhibit C6 on 13th January 2007, Exhibit C4 on 22nd January 2007 and Exhibit C5 on 28th January 2011. PW5 neither mentioned appellant’s name in Exhibit C6 nor Exhibit C4. He did so only four years later in Exhibit C5.

In addition to appellant’s testimony as DW4, three witnesses testified and relied on his behalf. He tendered and relied on Exhibits D1- D16.

At the end of trial, including addresses of counsel, the Court held that the respondent had proved its case, convicted and sentenced the appellant and his co-conspirators as

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charged. Aggrieved, the appellant appealed to the Lower Court on nine grounds. The Court dismissed the appeal and affirmed the trial Court’s decision.

Dissatisfied, the appellant has further appealed to this Court seeking the determination of his appeal on the basis of the four issues he distilled one of which being the most apposite and on the basis of which the appeal will be determined reads:-

(i) Was there any admissible evidence on record from which the Court below could have justifiably affirmed the trial Court’s inference of conspiracy to commit murder by the appellant (ground 5).

In arguing the appeal, Wilcox Abereton, learned counsel for the appellant, submits that the answer raised by the issue is in the negative. Of all the six witnesses the respondent called to prove its case against the appellant, it is contended, Ibitoroko Dan, PW5, is the only eye witness to the events which constitute counts 2 to 9 the charge. The testimony of the four police officers, being hearsay, remains worthless. The findings of the trial Court, which decision the Lower Court affirmed, at Pages 181, 182, 202 and 261, learned counsel submits, bear out appellant’s

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