Ufuoma Paul Eto & the State & Ors. (2007)

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GEORGE OLADEINDE SHOREMI J.C.A

This is an appeal against the ruling of the High Court of Delta State Oleh Judicial Division delivered on 8th March 2005 wherein the learned trial Judge over ruled the appellant’s no-case submission made at the end of the prosecution’s case.

The appellant with two other accused persons were arraigned on a two court charge contained in an information to wit-

STATEMENT OF OFFENCE: Count 1

Conspiracy to Murder, punishable under Section 324 of the Criminal Code Cap. 48, Vol. II Laws of the defunct Bendel State 1976 as applicable to Delta State.

PARTICULARS OF OFFENCE

Ufuoma Paul Eto (m), Samson Edoreh (m) and Akpoghene Edeno (m) on or about the 12th day of June, 2000 at Oleh, within Oleh Judicial Division conspired with one another to commit murder.

STATEMENT OF OFFENCE: Count II

Murder, punishable under Section 319(1) of the Criminal Code Cap. 48, Vol.II Laws of the defunct Bendel State 1976 as applicable to Delta State.

PARTICULARS OF OFFENCE

Ufuoma Paul Eto (m), Samson Edreh (m), and Akpoghene Edeno (m) on the 12th day of June, 2000 at Oleh within Oleh Judicial Division murdered one Julius Oforofuo (m),

The appellant pleaded not guilty. The prosecution called six witnesses at the end of prosecution’s case appellant’s counsel made a no case submission to which counsel to the prosecution replied. The learned trial Judge over ruled the submission and called on the appellant to defend himself. The learned trial Judge in overruling the no case submission held that the evidence adduced by the prosecution established a prime facie case against the appellant. The ruling of the learned trial Judge is contained at pages 33-37 of the record. Being dissatisfied with the ruling the appellant who was the 1st accused in the High Court appealed to this court. The appellant filed a Notice of Appeal and filed two Grounds of appeal which is at pages 39-40 of the records of appeal which I quote as follows:-

“1 The learned trial judge erred in law in over ruling the no case submission in this case when:

a) Essential elements of the offence of murder were not established.