Emmanuel Egwumi Vs The State (2013)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

The appellant as accused person was charged along with eight other accused persons who did not stand trial.

The charge against the appellant read:

1ST HEAD OF CHARGE

That you Emmanuel Egwemi and others presently of large, namely David Nwadike, Boyi Nyekwewu, Raphael Boyi, Joel Boyi, Udalor Uchegwe, Thomas Anayi, Edogo Nnaye and Okolo Achemoye presently standing trial in this honourable court, on or about the 29th day of November 1998 at Akumaji in Ibaji Local Government Area of Kogi State, agreed to do an illegal act to wit, invade the home of one Alhaji Umoru Bamayi, caused destruction to his properties and that of his wives and that of his children, beaten (sic) up his wife and eventually ended up by killing the said Alhaji Umoru Bamayi and that the same acts were done in pursuance of the agreement and you thereby committed an offence punishable under section 97 of the penal Code.

2ND HEAD OF CHARGE

That you Emmanuel Egwemi and others presently of large, namely David Nwadike, Boyi Nyekwewu, Raphael Boyi, Joel Boyi, Udalor Uchegwe, Thomas Anayi, Edogo Nnaye and Okolo Achemoye presently standing trial in this honourable court, on or about the 29th day of November 1998 at Akumaji in Ibaji Local Government Area of Kogi State caused the death of Alhaji Umoru of Okumaji Ibaji by doing an act to wit: by drowning and cutting off his head with the knowledge or had reason to know that death would be the probable consequence of your act and you thereby committed an offence punishable under section 221 of the penal Code.

3RD HEAD OF CHARGE

That you Emmanuel Egwemi and others presently of large, namely David Nwadike, Boyi Nyekwewu, Raphael Boyi, Joel Boyi, Udalor Uchegwe, Thomas Anayi, Edogo Nnaye and Okolo Achemoye presently standing trial in this honourable court, on or about the 29th day of November 1998 of Akumaji in Ibaji Local Government Area of Kogi State caused bodily pains to Madam Ramatu Umoru by beating her to a plump (sic) leading to her hospitalization and you thereby committed an offence punishable under section 245 of the Penal Code.

4TH HEAD OF CHARGE

That you Emmanuel Egwemi and others presently of large, namely David Nwadike, Boyi Nyekwewu, Raphael Boyi, Joel Boyi, Udalor Uchegwe, Thomas Anayi, Edodo Nnaji and Okolo Achemoye presently standing trial in this honourable court, on or about the 29th day of November 1998 of Akumaji in Ibaji Local Government Area of Kogi State, caused destruction to the properties of Alhaji Umoru Bamayi his wives and children and you thereby committed an offence punishable under section 327 of the Penal Code.

The 1st head of charge is criminal conspiracy contrary to section 97 of the Penal Code.

The 2nd head of charge is culpable homicide contrary to section 221 of the Penal Code.

The 3rd head of charge is voluntarily causing grievous hurt contrary to section 245 of the Penal Code.