Abbey Mathew V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C. 

This is an appeal against the judgment of the Benin Division of the Court of Appeal delivered on 12/12/ 2013 in appeal No:B/317C/2010 Coram: Ibrahim Mohammed Musa Saulawa, JCA; Ayobode Olujimi Lokulo-Sodipe, JCA; Tom Shaibu Yakubu, JCA.

The appellant and two others had been arraigned before the Edo State High Court of Justice, Uromi Judicial Division, holden at Uromi on two count charge of conspiracy to murder, punishable under Section 324 of the Criminal Code, Cap.48 Vol.11 Laws of the Bendel State of Nigeria 1976 now applicable to Edo State of Nigeria and Murder punishable under Section 319 (1) of the Criminal Code, Cap.48 Vol.II, Laws of Bendel State of Nigeria 1976 as applicable to Edo State.

The three accused persons were tried, found guilty, convicted and sentenced accordingly to 12 years imprisonment with hard labour on count 1 and to death by hanging on the 2nd count. Appeal by each of the three convicts was dismissed by the Court below, leading to the instant appeal by the 2nd convict.

Before the trial Court, the prosecution called seven (7)

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witnesses to establish the charge while the appellant testified, but did not call any other witness. The case of the prosecution is as follows:

The deceased- Chief Samuel Okhuelegbe sometime on 5th October, 2006 had petitioned the Uromi Police Division, reporting a case of malicious damage against the 1st accused – lyere Ijeabulu. On 17/10/2006, PW2, having been detailed to investigate the matter proceeded with PW4 to meet with the deceased petitioner in order to effect the arrest of the suspects. The said lyere Ijeabulu was then arrested. On their way back to Uromi, between Ebulen and Okigene, a group of youths from Ebole-Uzea, all carrying machetes and numbering over one hundred and fifty persons, who were doing community work on the road, blocked the way and prevented the Policemen from taking lyere Ojeabulu further. In the process, the deceased and the Policemen were beaten. The attackers tore the clothes of the deceased, and at a point, the deceased fell down. The PW2 eventually escaped and from his hiding requested for reinforcement from the Divisional Police Office at Uromi. But at the time the policemen arrived the scene, the deceased was no longer

See also  Ex Cpl Ikechukwu Nwabueze V. The People Of Lagos State (2018) LLJR-SC

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where he was with his attackers. They later traced the deceased back to Ebulen village and found him lying down face up in front of lyere Ojeabulu (1st accused’s) house in the pool of his blood with machete cuts all over his body and with his two legs completely broken. The deceased was then taken to the hospital where he later died.

The appellant and two others including the said lyere Ojeabulu were charged on the two counts of conspiracy to commit murder and murder. The appellant’s defence was total denial. He was however found guilty of the two counts, convicted and sentenced accordingly.

It is note worthy that on appeal to the Court below; the only ground of appeal filed by the appellant is the omnibus ground of appeal as follows:

“That the verdict or decision is unwarranted, unreasonable and cannot be supported having regard to the evidence adduced.”

The appeal was however dismissed by the Court below leading to the instant appeal.

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