Tina Okorodudu V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Delta State High Court sitting in Otor-Udu judicial Division, in suit No, OUHC/5C/2008, delivered on the 29th day of March, 2010. The appellant on the 30th of April 2007, arraigned before the High Court on the allegation that she murdered one Mr Jerry Adarerhi (m) at Ovwian village within the Otor-udu judicial division. The one count charge against the appellant reads;

Statement of offence count 1

Murder punishable under S. 319 (10 of the criminal code caps 48 vol. 11 laws of the defunct Bendel State of Nigeria 1976, as applicable to Delta State.

Particulars of offence

Tina Okorodudu (f) on the 30th day of April 2007 at Ovwian in the Udu Judicial division murdered one Jerry Adarerhi (m).

The appellant pleaded not guilty to the one count charge and the case proceeded to trial, in the course of which the prosecution called five witnesses (PW1 – PW5), and tendered a total of five exhibits.

The appellant gave evidence in her defence in support of her case calling no further witness. At the close of evidence from both sides and the filing and exchange of written addresses by counsel, the learned trial judge in a considered judgment, found the appellant guilty and convicted her accordingly.

Dissatisfied with the decision of the court of trial, the appellant on the 12th of May, 2010 filed a notice of appeal containing five grounds.

The appellant’s brief of argument settled by Ayo Asala and filed on the 8th of November 2012, and deemed filed on 25th of September, 2013 formulated a single issue for determination.

“1. Whether having regard to the evidence on the record especially the defence of self defence and Provocation, and the circumstances of this case, was the Learned Trial Judge right when he held that the prosecution proved the one count charge of murder against the appellant beyond reasonable doubt.”

The Respondent on his part filed a brief of argument, on the 18th of December 2012, and deemed filed on the 25th of September, 2013; and settled by Enenmo O.F. Two issues were formulated on behalf of the respondents.

“1. Whether having regard to the state of evidence, before the court, the learned trial Judge was right in law, when he held that the Prosecution proved the case of murder against the appellant beyond reasonable doubt.

2. Whether the defence of Provocation and self defence will not avail the appellant in this case.

Both, counsel adopted their brief of arguments on the 6th of May 2014.