The State v. Chinedu Ekuma (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ABOKI, J.S.C. (Delivering the Leading Judgment)

Thisappeal emanated from the judgment of the Court of Appeal, EnuguDivision, delivered on the 25th day of May, 2008.

The concise statement of facts leading to this appeal is that therespondent, by the Information filed on the 6th of November 2009,was arraigned together with Ikechukwu Nwafor, Amaechi Nworu,and Michael Chukwu Obasi, before the High Court of Ebonyi State,Abakaliki Judicial Division, on a one count charge of Murder ofmurder of one Moses Akpa Nwafor to wit:

Statement of Offence

Murder contrary to section 319(1) of the CriminalCode Cap. 30, Vol. II, Laws of Eastern Nigeria asapplicable in Ebonyi State.

Particulars of Offence

Ikechukwu Nwafor, Amaechi Nworu, MichaelChukwu Obasi and Chinedu Ekuma, on the 22nd day ofAugust 2008 at Okpoduma Road, Effiurn in OhaukwuJudicial Division murdered one Moses Akpa Nwafor.

Upon arraignment, the appellant and the other defendantspleaded not guilty and the matter proceeded to trial. In proof of itscase, the appellant called Four witnesses; namely PW1 (Peter Eze),PW 2 (Mrs. Ngozi Nwafor Akpa), PW 3 (Sergeant Danji Iliya), andPW 4 (ASP Elias Ude Chukwu); and tendered some exhibits, made upof the extra judicial statements of the respondent, the co-defendantsand some of the witnesses. The appellant, as prosecution, claimedthat Moses Akpa Nwafor had died and it was the respondent andthe other accused persons that killed him. The appellant claimedthat the respondent made a confessional statement to the effect thathe and the other accused persons grievously assaulted the deceasedand subsequently handed him over to some men in Benue State,who took him away and he had not been seen till date.

The respondent testified in his own defence to the chargeagainst him. He raised the defence of alibi and denied the charge.According to him, on 21/8/2008, he loaded his vehicle with gallonsof oil and passengers and travelled to Lagos. That on his way backon 22/8/2008, at Abakpa Junction, Enugu, Enugu State, his vehiclewas towed by Policemen and he was taken with his vehicle tothe Police Station, where he was detained until he was releasedon 23/8/2008. He stated that his vehicle was returned to him andupon his return to Effium on 23/8/2008, he was invited to the PoliceStation with respect to this case.

At the end of trial, the respondent and the other defendantswere all convicted of the offence of murder and sentenced to deathby hanging.

Dissatisfied with the judgment of the trial court, the respondentappealed to the court below. In its judgment, the court below setaside the judgment of the trial court and discharged and acquitted the respondent.

The appellant, being aggrieved by the judgment of the courtbelow, appealed to this court. Its notice of appeal filed on the 22ndof June 2018, is upon five grounds.

It raised the following issues for determination:

1.Whether the Court of Appeal was right to haveinterfered with and set aside the finding of the HighCourt that the prosecution proved the death of thedeceased, Moses Akpa Nwafor?