Ugo Ovuoba V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice P. O. Elechi delivered on the 28th of June 2013, sitting at the High Court of Ebonyi State of Nigeria holden at Abakaliki in charge No. HAB/6C/2012. The learned trial Judge found the Appellant and the others guilty as charged and convicted them to seven years imprisonment.

FACTS LEADING TO THE APPEAL

?The Appellant UGO OVUOBA (m) was arraigned before the High Court of Ebonyi State holden at Abakaliki, with five others for the offence of Arson, contrary to Section 443 (a) of the Criminal Code Law, Cap 33. Vol. 1. Laws of Ebonyi State of Nigeria 2009.

They were alleged to have willfully and unlawfully set fire on the dwelling house of one Michael Onyibe on the 23rd of May 2011.

At the trial, the prosecution called four witnesses including P. C. Ojukwu PW4, who was the Investigating Police Officer.

The Prosecution also tendered five (5) Exhibits A, B, C, D, E; Id I-e were also tendered.

The Appellant called fourteen (14) witnesses, and tendered four Exhibits – B, B, J and H

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respectively.

Simply put, the case of the prosecutor is that on the 23rd of May 2012, the Appellant with others conspired among themselves ad set fire on the dwelling house of Michael Onyibe.

That the Appellant raised the defence of ALIBI – that he was not in Mgbo Agbaja village on the day of the alleged crime.

At the end of the trial, the lower Court convicted the Appellant as charged and sentenced him to a term of seven (7) years imprisonment on the 28th of June 2013. – Pages 136-153 of the Record of Appeal.

The Appellant is dissatisfied with the Judgment of the lower Court and is desirous of appealing it.