Joseph Ejelikwu V. The State (1993)

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WALI, J.S.C.

The accused person, Joseph Ejelikwu, was, after a preliminary investigation, charged as follows:-

“That you Joseph Ejelikwu, on 23 November, 1978, at about 1705 hours at G.R.A. Police Station, Katsina, committed the offence of culpable homicide punishable with death in that you caused the death of Justine Darnniyor by intentionally shooting him with a gun and that you thereby committed an offence punishable under Section 224 (sic) of the Penal Code.”

The accused was committed to the High Court for trial in accordance with Sections 172 and 180 of the Criminal Procedure Code Law.

On 27 August, 1980, the accused, represented by his learned counsel Christ, appeared in the High Court and the charge, as framed by the Magistrate after the Preliminary Investigation was read and explained to him in compliance with Section 187(1) and his plea taken down as required under Section 188 of the Criminal Procedure Code respectively.

At the end of the trial, the learned trial Chief Judge, Umaru Abdullahi (as he then was), considered the evidence adduced before him and concluded:-

“I am satisfied that the accused knew or had reason to know that death of Justine Damniyor would be the probable and not only a likely consequence of shooting Justine Damniyor with Exhibit 2 or of any bodily injury which the shooting was intended to cause. In the light of the findings I made above, I am satisfied beyond any doubt that the prosecution had proved its case beyond reasonable doubt and I accordingly find the accused person Joseph Ejelikwu guilty as charged.”

The accused appealed to the Court of Appeal against his conviction. The appeal was dismissed. The judgment of the trial court was affirmed with the following additional addendum –

“The accused is sentenced to death and shall be hanged by the neck until he is dead.”

The accused person has now further appealed to this court. From now onwards the accused shall be referred to as the appellant in this judgment.

Before I consider the issues raised in this case, I consider it pertinent to state in brief, the facts of this case as presented by the prosecution. The prosecution will also henceforth be referred to as the respondent.

On 23rd November, 1978, the appellant was on duty at G.R.A. Police Station, Katsina as a Station Writer. On that day the deceased came to the Police Station on his new motor-cycle. He showed it to another police constable, John Zar, who was also on duty at the station. P.c. Zar took the motor-cycle from the deceased and rode it to the main road. At the time he left for the main road, the deceased was standing very close to the station premises. He was coming back and just when he was entering the station premises, he heard a gun shot and saw the appellant holding a rifle running towards the barracks. At the same time he saw the deceased falling down with blood coming out of his body. He was rushed to the hospital where he later died on the same day.

The appellant was followed to the barracks, arrested and charged to court.

In the appellant’s brief, the following four (4) issues were formulated for determination by this court. The issues are:-