Victor Onyemaechi Okoh V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment delivered on 29/5/2012 by the High Court of Delta State sitting at Owa Oyibu (hereafter simply referred to as “the lower court”) presided over by Honourable Justice C.N. Ogadi (hereafter simply referred to as “the learned trial Judge”). In its judgment, the lower court found the Appellant guilty of the offence of murder and sentenced him to death by hanging.

The Appellant was arraigned in the lower court on the 18/10/2010 on a one count charge of murder, punishable under Section 319(1) of the Criminal Code Cap.48 Vol. II Laws of the defunct Bendel State 1976. In the count it was alleged that the Appellant on 17/2/2010 at Idumbiri Farm Road within Owa Oyibu Judicial Division murdered one Patricia Okoh. The Appellant pleaded not guilty to the charge preferred against him and the matter proceeded to trial. In the proof of its case, the prosecution called three witnesses and tendered Exhibits P1 and P2.

The Exhibits are the extra judicial statements made by the Appellant to the Police. In his defence, the Appellant denied the charge preferred against him. Having had the benefit of addresses of both the prosecution and the Appellant and after evaluating the evidence adduced, the lower court found the prosecution to have proved its case beyond reasonable doubt and accordingly found the Appellant guilty as charged and sentenced him to death in line with the mandatory punishment prescribed by law.

Being aggrieved with his conviction and sentence, the Appellant lodged an appeal against the same by a Notice of Appeal filed on 11/6/2012. The Notice contained the omnibus ground of appeal. The Appellant subsequently filed another Notice of Appeal dated 26/7/2012 on the same date. The Notice of Appeal contains four grounds of appeal.

In accordance with the Rules of this Court, parties duly filed and exchanged Briefs of Argument. Appellant’s Brief of Argument dated 18/10/2012 and filed on 9/10/2012 was settled by Ekemejero Ohwovoriole, Esq. Respondent’s Brief of Argument dated 17/12/2012 and filed on 18/12/2012 was settled by O.F. Enenmo, Deputy Director of Public Prosecutions, Ministry of Justice, Delta State, (hereafter simply referred to, as “learned DDPP”). The appeal was entertained on 17/4/2013. At the hearing of the appeal, learned counsel to the Appellant – Ekemejero Ohwovoriole Esq., having declared that he was relying on the Notice of Appeal filed on 17/4/2012, adopted and relied on the Appellant’s Brief of Argument in urging the Court to allow the appeal. In the same vein learned DDPP, leading N.D. Agusiobo (Legal Officer), adopted and relied on the Respondent’s Brief of Argument in urging the Court to dismiss the appeal.

The issues for the determination of the appeal as contained in the Appellant’s Brief of Argument read thus: –

“1. Whether or not the trial judge was right in convicting the appellant on a charge not known to law, the law under which the appellant was convicted having been repealed. (Ground 1)

2. Whether the guilt of the appellant was proved beyond reasonable doubt having regard to the evidence adduced before the trial court. (Grounds, 2, 3, and 4)”

The issues formulated for the determination of the appeal as set out in the Respondent’s Brief of Argument read thus: –

“ISSUE 1

Whether having regard to the state of evidence before the court the learned trial Judge was not right in law when she held that the prosecution proved the case of murder against the appellant beyond reasonable doubt.

ISSUE 11

Whether the appellant was convicted for an offence known to law.”

The issues as formulated by the parties are in my considered view clearly the same in purport; therefore, the appeal will be determined on the issues as formulated by the Appellant.