Endurance Matthew V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

On January 24, 2007, the appellant (as accused person) was arraigned before the High Court of Delta State, Ughelli Judicial Division, for the offence of murder punishable under Section 319 (1) of the Criminal Code, Cap 48, Vol 11, 1976 Laws of Bendel State, applicable to Delta State.

Upon his not guilty plea, the case went to trial. The Prosecution’s case was woven around the testimonies of three witnesses. Exhibit A was the statement which the accused person (now, appellant) volunteered at the Police Station. The thrust of the case against the appellant was that, on January 26, 2006, at Ekrenhavwe Village, she threw her one-month old baby, Omonefe Oviefe, into a well where she drowned.

The accused person’s challenge to the voluntariness of exhibit ‘A’ prompted a trial-within-trial wherein the Judge, Ohwo, J (as he then was), finding in favour of its voluntariness, admitted it in evidence. Believing the testimony of PW1 and exhibit ‘A’, the learned trial Judge convicted the accused person and sentenced her to death by hanging. Her appeal to the Court of

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Appeal, Benin Division, being dismissed, she further appealed to this Court. She framed only one issue for the determination of her appeal. The said issue was couched thus:

Whether having regard to the totality of the evidence from the record, the lower Court was right in upholding the decision of the trial Court that the Prosecution proved the charge of murder against the appellant beyond reasonable doubt

The respondent framed the same issue more elegantly in these words:

Whether on the totality of the evidence adduced on record the lower Court was right in affirming the judgment of the trial Court which found the appellant guilty as charged

Against this background, this appeal would be determined in terms of the respondent’s phraseology.

ARGUMENTS ON THE SOLE ISSUE

APPELLANT’S CONTENTION

At the hearing of this appeal on November 2, 2017, Ayo Asala, counsel for the appellant, adopted the brief of argument filed on August 8, 2013. He re-iterated the settled essential ingredients for the proof of the offence of murder. He cited Mbang v The State [2007] All FWLR (pt.372) 1863; Uwagboe v. State [2008] All

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