Segun Akinlolu Vs The State (2015)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

At the High Court of Akwa Ibom State, the appellant in this appeal [as first accused person] and two other persons were charged with the murder of Okon Uyeh of Udesi Akai Ati, an offence punishable under Section 319 (1) of the Criminal Code, Vol 2, Laws of Cross River State of Nigeria, as applicable in Akwa Ibom State.

The Prosecution’s case was woven around the testimonies of two witnesses, namely, PW1, Edward Agabi, the Investigating Police Officer [IPO]; PW2, Bassey John Effiong and two exhibits, viz, exhibits 1 and 2. On their part, each of the accused persons testified at the trial in a spirited attempt to vindicate his innocence. The appellant was the DW1. Persuaded by the testimonies of the Prosecution’s said two witnesses, the court (hereinafter referred to as “the trial court,” Coram Ikpe J.), in a well-articulated judgment delivered on October 27, 2009, found the appellant and the second accused person guilty as charged. It, accordingly, convicted and sentenced them. In passing, it may be noted that, well-ahead of the said judgment, the third accused person had died in Police

1

custody.

Aggrieved by the outcome of his trial, the appellant proceeded to the Court of Appeal, Calabar Division (hereinafter, simply, called “the Lower Court”) where he agitated for the reversal of the trial court’s conviction and sentence on him. By a plurality decision [Tur and Uzo-Anyanwu JJCA), the Lower Court dismissed the appellant’s complaint against his conviction and sentence. However, the minority judgment [Coram Garba JCA] allowed his appeal and set aside his conviction and sentence.

Dissatisfied with the Majority decision of the Lower Court [which constituted the judgment of the said court], the appellant approached this court with an entreaty to resolve the sole issue for determination in this appeal in favour of the affirmation of his innocence by upturning the said Majority judgment of the Lower Court.

My Lords, I will return to this issue anon but before then, however, a factual narrative of the circumstances that brought the appellant in conflict with the Criminal Justice System will not be out of place here.

FACTUAL BACKGROUND

The Prosecution’s case was encapsulated in the story of the survivor, PW2, Bassey John

2 Effiong, a Cameroun-based trader. On September 25, 1993, on his return journey from Cameroun, he boarded a flying boat in which he, also, acted as boat Conductor. In addition to the Boat driver, there were two other persons in the said boat. The boat stopped over at Abana. Thereat, the appellant, second accused person and the deceased suspect boarded the boat.

Somewhere on the sea way, precisely at the mid sea, the first accused person pleaded with the driver to slow down as he wanted to urinate. The driver obliged; whereupon he [first accused person] brought out a knife, stabbed and threw him [the driver] into the sea. The second accused person, who was staying close to him [PW2], attempted to attack him but ended up attacking another passenger. He [PW2] jumped into the sea.

While the accused persons stabbed and threw their two victims into the sea, PW2 and one other passenger jumped into the sea. Fishermen rescued both of them at 4pm. The corpses of the two dead persons were recovered after about four days.

As noted earlier, there was a sole issue for determination which was framed thus: