Ayiere Ayiere Godsgift V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This Appeal is against the judgment of the Court of Appeal, Calabar Division (Court below) delivered on the 4th day of July, 2014 which affirm the judgment of the Cross River State High Court, Calabar Judicial Division (trial Court) delivered on the 17th day of March, 2010. The Appellant herein was convicted of the offence of murder of a teenage, John Okon Edem, of Grace and Gold Nursery/Primary School, Calabar, contrary to Section 319(1) of the Criminal Code C.16 Vol. III, Laws of Cross River State 2004 (Criminal Code) and sentenced to death.

The facts of this case are summarized as follows: The Appellant, on 8/10/2007 between 12.00 noon and 1.00pm went to Grace and Gold Nursery/Primary School State Housing Estate, Calabar and enticed one John Okon Eden aged 10 years. He deceived both the security man and Edems teacher. He showed them snack he bought for the young boy. As the teacher, who was holding some things in her hand turned around to drop them, the appellant, who the boy affectionately referred to as ”Uncle” disappered taking the boy along with him.

Having waited for a while, for the Appellant to return with John

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to no avail, she confronted the security man at the security post to enquire for the where about of John, she was told that the Appellant had not brought John back to school.

Testifying as PW2, the class teacher said she had to promptly alert the head teacher who called the father of the deceased (PW1) on phone to find out if he has sent someone to pick his son, John from school. The parents said they did not send anybody.

While the search for John was going on. PW1 received a telephone call from someone who identified himself as Johnson and demanded for a ransom of N3 Million Naira for the release of John Okon Edem.

This pathetic account as narrated by PW1 continues thus: On 11th October, 2007 the faceless “Johnson” directed PW1 to take ransom money to PW5, an operator of Commercial Centre located at N0. B52, Border Road, Ikom. The fake “Johnson” also sent a Commercial Motorcyclist, one Samuel Ezaka (PW4) to pick up the money from PW5 at Ikom. PW1 who had become familiar with the voice of the Appellant, his former employee, reported the case to the police who arranged some Paper Naira in a bag to be

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given to Johnson. It was when the PW4 came round to pick the money from PW5 that he was arrested by the police. As soon as PW4 was arrested, the Appellant who kept a distance took to his heels and disappeared. Later on that day the Appellant was also arrested by the police. He denied any involvement in the kidnap and eventual murder of John Okon Edem.

Appellant was charged before the High Court. At his trial, in proof of its case, the prosecution called 5 witnesses and tendered several Exhibits, while the Appellant testified for himself. At the conclusion of the trial, the learned trial Judge, convicted the Appellant of the offence of murder and sentenced him to death. However, the charge of fraudulently enticing and child stealing contrary to Section 371(1) of Criminal Code was struck out on the ground that the capital offence cannot be joined with any other charge.

Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal, Calabar Division.

The Court dismissed the appeal while affirming the decision of the trial High Court. Further dissatisfied with the judgment of the Court below, he has