Ohaegbulam Onyema V. The State (1975)

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A. O. OBASEKI, AG. J.S.C.

The appellant was tried in the High Court of the Umuahia Judicial Division of the East Central State holden at Umuahia by Aniagolu, J., for the offence of murder of one Olukwu Nwankwo and found guilty but insane on the 6th day of July, 1975. He was then ordered to be kept in the State’s Prisons at Aba as a Criminal Lunatic until the pleasure of the administrator of East Central State be known.

Being aggrieved by the conviction the appellant filed a Notice of Appeal on 7 (seven) grounds. Mr. F.O. Akinrele learned counsel assigned to argue the appeal informed the court that he had nothing to urge in favour of the appeal.

Mr. D. O. Edosie (Senior State Counsel East Central State) who appeared for the respondent stated that on perusal of the records he associated himself with appellant’s counsel but drew the court’s attention to the conviction recorded which he submitted was not in accordance with the terms of the provisions of the Criminal Procedure Law of the East Central State.

The verdict of guilty but Insane he submitted was contrary to the provisions of the law which absolves a person found to be of unsound mind from criminal responsibility.

We found the submission of the learned Senior State Counsel well founded and we allowed the appeal against conviction and altered the verdict to one of “Not Guilty by reason of the accused person’s unsoundness of mind at the time he committed the act.”

We now give our reasons.

The information on which the appellant was tried charged him with the offence of “murder contrary to Section 319(1) of the Criminal Code.” Although it is not so stated it is assumed that the particular law under which the appellant was charged is the Criminal Code Law Chapter 30 Vol. II of the Laws of Eastern Nigeria 1963 applicable in the East Central State of Nigeria.

The facts of the case found by the learned trial Judge are as follows:-

The appellant was a school teacher resident in ISINGWU OFEME village. The deceased was a farmer also in Isingwu Ofeme village. Both of them were on very friendly terms. Both of them belonged to the same village ISINGWU OFEME and their relationship was so intimate that the sister of the deceased P.W.4 described the deceased as the appellant’s best friend. The wife of the brother of the deceased P.W.1 described the appellant as being on good terms with the deceased. She never heard the appellant complain against the deceased.
The wife of the deceased had the same to say of the relationship between the deceased and the appellant. She testified that there was never any land dispute between them and that the deceased never threatened to kill the appellant.

In 1971 the appellant was involved in a motor accident and since then the soundness of his mind became cause for concern to his wife and his family. Apparently nothing much was done about it to restore his normal mental health.

On the 6th day of October 1972, Olukwu Nwankwo was matcheted to death in his house, by the appellant.

There was no eye witness to the act. Before anyone knew what had happened P.W.1 heard the appellant saying with satisfaction to himself on his way back from the stream after mentioning the name of Ulukwu Nwankwo “I have killed him. Today I am happy I have killed him.” When he was met at the front of the house of Ulukwu Nwankwo still thinking he has triumphed over his enemies he was saying “Yes I have killed him, let him come out and talk.”

When P.W.1 and others were crying in sorrow he hushed them up and ordered them to leave the compound.  He asked whether they were not happy that he had killed the deceased.