Njoku V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

The appellant herein was the defendant among twelve others, in an offence of murder of one Christopher Nwankegu (deceased) charged before the High Court of Ebonyi State.

The appellant was charged by one count information dated the June 4th, 2010, for beating and burning of the deceased by angry mob at Okposi, Umuoghara in the Abakaku Judicial Division, on the 3rd of April 2009. He pleaded not guilty.

The respondent in proof of its case called five (5) witnesses to wit PW1 (Andrew Nwankwegu brother of the deceased person) PW2 (CPL Uko Emmanuel), PW3 (Asp Madago Kerkite), PW4 (SGT Kure Army) and PW5 (DR. Festuse Iyare) after the close of the Prosecution, the defence opened its case and defendant testified as DW1 and DW2, DW3 respectively. The appellant was the DW4/7th Accused person.

The trial Judge found the appellant guilty as charged and sentenced him to death by hanging. Dissatisfied with the decision of the trial Court he appealed to the lower Court on the December 23rd, 2014. The lower Court dismissed the appeal. Dissatisfied with the decision of the lower Court, the Appellant Appeal to this Honorable Court.

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He submitted the following issues for determination by this Court;

1. Whether the improper consideration of the appellant’s defence of alibi and lack of identification parade to fix the Appellant to the murder of the deceased before the lower Court affirmed the conviction of the appellant has not led to miscarriage of justice.
2. Whether the lower Court was right in affirming that the respondent proved beyond reasonable doubt the offence of murder against the appellant so as to secure his conviction?

The respondent who did not submit any issues for determination, rather he relied on the issues submitted by the appellant.

Argument of counsel

Issue one

Whether the improper consideration of the appellant’s defence of alibi and lack of identification parade to fix the appellant to the murder of the deceased before the lower Court affirmed the conviction of the appellant has not led to miscarriage of justice.

The appellant’s counsel submitted that it is trite that the defence of alibi has to be raised at the earliest opportunity available to the accused with particulars. He maintained

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that there is no duty for the accused person to prove his defense of alibi. That the burden falls on the prosecution to investigate the defense of alibi as stated by the defendant. He citedSani v State [2019] 13 NWLR (pt. 1690) 551 and Dage v State [2019] 12 NWLR (Pt.1689) 204, at 218-219, para. D-C.