Nkwuda Edamine Vs The State (1996)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C.

The appellant was charged with the offence of the murder of his wife, Nwebonyi Nkwuda on or about 21st November, 1985 at Ishieke, Izzi in the Abakaliki Judicial Division of the High Court of the then Anambra State. He was found guilty of the offence and sentenced to death. His appeal to the Court of Appeal, Enugu Division was dismissed and he has further appealed to this court.

The only issue for determination submitted by the learned counsel for the appellant is whether the case against the appellant was proved beyond reasonable doubt and whether the confessional statement attributed to the appellant was rightly so attributed.

The appellant is a blind man aged about thirty five years. The victim was his wife. The prosecution’s case as narrated by Louis Edamine (P.W. 2) is that he was in his house on the day of the incident when one Nkwuda Nshi told him something about the appellant and his wife (deceased). The witness went to his father’s compound where the appellant lives. He told the accused that he had information that he fought with his wife.

The appellant told the witness that he killed her with a matchet because she was giving his properties out to people and that it was too much for him. The witness went inside the room and saw her lying in a pool of blood. He saw matchet cuts on her face and neck. He asked for the matchet. The accused brought out the matchet he used and threw it outside. The witness picked it and kept it somewhere. It was blood stained. P. W. 2 later reported to the police.

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Louis Edamine (P.W. 2) is an elder brother of the full blood of the appellant. Nkwuda Nshi is their younger brother aged about twelve years then.

Eyale John testified as P. W. 3. He was the investigating police constable. He arrested the appellant, collected the matchet from him and conveyed the corpse of the victim to the General Hospital, Abakaliki where post mortem examination was conducted. He recorded the first statement of the appellant (Exhibit “A”) on 21:11:85. The appellant volunteered a second statement on 30:11:85 (Exhibit “B”). Both statements were confirmed before a superior police officer (P.W.6).

Dr. Innocent Echeogu was the first prosecution witness. He performed the post mortem examination on Nwebonyi Nkwuda on 22: 11:85. His findings were as follows:-

“(a) a cut over the right parallel bone (on the head) measuring 4 c.m. in length and 5 c.m. deep.

(b) another cut over the left lateral bone measuring about 6 c.m. in length and 5 c.m, deep.

(c) deep repeated cuts stretching from the proximal part of the remus (bone of the jaw) of the maxilla bone, zygoma bone (bone between jaw and hair) and the temporal squama (bone inside the head).”

In his opinion, the cause of death was haemorrhage resulting from cuts inflicted with considerable force by a very sharp matchet or cutlass.

The learned appellant’s counsel in his brief reminded the court that the accused was blind at the time of the offence and is still blind. He referred to a portion of the judgment of Uwaifo, J.C.A., where he said:

“…..if the attacker was blind, no effort would be spared at quick succession of attacks once the initial blow was struck. This is because if the object of attack were able to move away from the position of the first attack, the blind attacker would most probably lose the initiative.”


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