Sunday Ihuebeka Vs The State (2000)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C.

The appellant was convicted for murder and sentenced to death by Okungbowa, J on 14th January, 1991 at the High Court or the former Bendel State at Ekpoma. The offence was committed on 19th September, 1985 at Illeh-Ekpoma in the Ekpoma judicial Division.

The deceased, Iregho Uluebeka was the father of the accused. At about 7 p.m on 18-9-85, the deceased invited PW 1 (Abu Uluebeka) to the family house where he was living. The accused who was at the time of the incident a Sales Representative of Green Sands Publishers at Benin came home that evening. In the presence of PW1. the deceased requested the accused to help in the payment of the school fees of his younger brother who gained admission into a Technical College at Afuze. The accused refused to assist despite persuasion from PW1.

In the morning of 19/5/85, PW 1 went to the house of the deceased to greet him and the deceased told him that he was going to the farm to harvest yam tubers which the accused would take with him when returning to Benin that day. The deceased was the elder brother of PW 1. Later that day, PW 1 was invited to the deceased’s farm where he saw the deceased in a pool of blood. He also saw two police men at the scene. The deceased told him something. Shortly after, a vehicle arrived and with the assistance of the policemen, the deceased was put into the vehicle and they left for the Police Station. Ekpoma and from there to the hospital He died immediately they arrived at the hospital.

The accused was arrested and he made a statement to the police. The statement was tendered and admitted in evidence without any objection as Exhibit ‘T’ through PW4 (Police Sergeant Koliko Umaru) who investigated the complaint. It reads:

“Statement of Accused Person

“…………I, Sunday Uluebeka having been duly cautioned in English language that I am not obliged to say anything unless I wish to do so but whatever I say will be taken down in writing and may be given in evidence.

(Sgd.) S. Uluebeka

My name is Sunday Uluebeka. I am a native of Illeh village Ekpoma in Okpebho Local Government Area of Bendel State. I am married but no issue yet. My wife is under pregnant. I am married to one Grace Uluebeka a daughter to one Watchday by name Ugbo of Udugho Irrua. I married Grace in the month of December, 1984. Since then she has been living with me. Since about two months now my wife Grace has been quarreling (sic) with me. She tells me that I brought her to my house for my parents to be insulting her since I have no job at hand. My father has been living with us since all that time until this morning 19/5/85 when I killed him because he has been telling me to leave his house with his wife. He also told me to go away from his house with my wife Grace. His wife’s name is Mrs. Rose Uluebeka. This morning 19/9/85, members of my family gathered together and started quarreling with me and at the same time asked me and my wife Grace Uluebeka to leave my father’s house. My father was also present at the gathering. One Abu Uluebeka my brother was also present at the gathering. I was provoked this morning 19/5/85 because of home trouble and I took a decision of killing my father and his (sic) wife Mrs. Uluebeka. I now say that I did not kill them but I gave them matchet cuts. I only cut my father Uluebeka and my wife Mrs. Grace Uluebeka all of Illeh village, Ekpoma. Some people like Dr. Odiase of Bendel Library headquarters Benin City is owing me a sum of N200 deposit I paid him to supply me books, Managing Director (sic) of Green Suanders (sic) Benin City No. 99 Sakpoba Road Benin City is owing me a sum of N 1000.00 as a sales man and I left him because of my ill-health. And it is because of this my ill-health that my parents are worrying me. I do not have any other thing to say than what I stated above. Abu Uluebeka is also owing me a sum of N 190.00 I became annoyed because I have no money and everybody in my family continue (sic) to worry me more especial (sic) my father and his wife, I cut my wife because she was bulling (sic) me since I have no money. Since I have no money my family became annoyed with me without minding my ill-health. This is why I decided to end my life with any person available.

(Sgd – 19/5/85 …..”

Four witnesses testified for the prosecution. The accused testified on oath. His evidence was in the main, an affirmation of the contents of Exhibit “1”. He testified that the deceased was his father, that he died from the injuries he inflicted on his head and that he did not intend to kill him. In respect of Exhibit ‘”1″.’ the learned trial judge observed as follows:

“Exhibit ‘”1” was not retracted. It is direct and was properly proved. The accused person to a great extent maintained his statement to the police although he introduced other elements in his evidence-in-chief. For example. he stated on oath that he was mentally ill and was taken by his younger brother Isaac to one Dr. Ojelua of lrua without his wife and father knowing about it. Another addition was that his T.V. Set, Radio Cassette Player and Electric Pressing Iron were stolen from his room on the day of the incident. In law those additions do not amount to contradictions or retraction of the voluntary statement Exhibit “1”. The court can convict on the voluntary statement which is direct, positive, properly proved and unretracted.”

After considering the whole evidence including the defences of insanity and provocation he found the accused guilty of the murder of Iregho Uluebeka and sentenced him to death by hanging. His appeal to the Court of Appeal, Benin Division was dismissed. His conviction and the sentence of death imposed by the trial court were affirmed hence the further appeal to this court.

From the grounds of appeal filed the following issues were submitted as arising for determination in the appeal: