Ugochukwu Okereke V The State (2016)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Owerri division which was delivered on the 11th day of July, 2012. The appellant and two others had been arraigned on a two count charge of conspiracy to murder and murder of one Cecilia Ogbonna. The said two count charge reads as follows-

Count I

“That you, Uzoma Okereke, Ugochukwu Okereke and Chukwuma Ezekwe, on or about the 30th day of November, 2005, at Umuoguta Ndegwu in the Owerri West Magisterial District did conspire with one another to commit felony to wit: Murder and thereby committed an offence punishable under Section 324 of the Criminal Code Cap 77 Laws of the Federation of Nigeria, 1990 as applicable to Imo State.”

Count II

That you Uzoma Okereke, Ugochukwu Okereke and Chukwuma Ezekwe on the same date and place at the aforesaid Magisterial District, did murder one Cecilia Ogbona and thereby committed an offence punishable under Section 319(1) of the Criminal Code Cap.77, Laws of the Federation of Nigeria, 1990 as applicable to Imo State.

Upon being properly charged before the Imo State High Court, holden at Owerri, the three accused

persons were tried, with the prosecution calling seven (7) witnesses and in defence five (5)witnesses were called all together inclusive of the accused themselves. They were respectively found guilty as charged. They were convicted and each sentenced to death by hanging for the murder of Cecilia Ogbonna.

The facts of the case are as follows:

The appellant and his brother, Uzoma Okereke living with their mother lived in the same neighbourhood with the deceased. Appellant’s mother – one Ifeoma Okereke and the deceased were married to the same family, their respective husbands being first cousins. Indeed, a common wall separates the houses of both women. There was evidence that there was an unresolved dispute between the deceased and appellant’s mother. The latter had accused the deceased of being responsible for the death of her son’s dog, and had threatened that the deceased would also die the same way the dog had died.

PW1, one Grace Igwe, who is also married into the same family with the deceased had testified, that as she was returning from the market one day, she heard the deceased shouting, that someone had tampered with her electric wire and as she got closer

to the house she saw the appellant’s mother with one of her children, the 1st accused-Uzoma Okereke. Ifeoma had told her son to break the deceased head with a stick. However, in the early hours of the 30th November, 2005, she had gone to the deceased house but found the deceased in the pool of her blood with multiple injuries on her body. She was told by the deceased that the appellant and two others whose names she gave, inflicted the injuries on her. The injuries she sustained had led to her death in the hospital.

In defence, the appellant denied ever inflicting any injury on the deceased but stated that there was an armed robbery incident in their neighbourhood. Their own house was said to have been attacked by the said armed robbers who not only robbed their mother – Ifeoma of the sum of N30,000.00 but also inflicted injuries on her as well. And that the same armed robbers must have attacked the deceased.

At the close of the trial, the judge believed the story of the prosecution and disbelieved the defence. In his considered judgment delivered on the 31st day of March, 2009, the trial judge found the appellant and others guilty and convicted them. Each of them was