Stanley Ejionwu V. The State (1995)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C. 

In the High Court of Rivers State holden at Port Harcourt the appellant pleaded not guilty to the following charge:-

“Statement of Offence

Murder, contrary to Section 319 of the Criminal Code.

Particulars of Offence

Stanley Ejionwu on the 29th day of September, 1980 at Rumuolumeni Village in the Port Harcourt Judicial Division murdered Goodlife Obasi Ejionwu.”

At the trial the prosecution called a total of nine witnesses to prove the charge while the appellant and his sister Nwuiye Ejionwu (DW2), testified for the defence.

The facts of the case were as narrated by PW3 and supported by PWs 1, 2 & 4 who the learned trial Judge believed. They were all eye witnesses. Testifying on pages 24-26 of the record PW3 said inter alia

“I remember the 28th day of September 1980 on that day I was at the front of my house at about 11.30 p.m. I saw PW1 and her daughter PW2 returning from the village. They greeted me and I greeted them. They were going to their own yard…

As they passed me and were entering their own yard they reached the house of Stanley Ejionwu, the accused. I heard the accused calling PW1 and asking her why she stopped the sawyer to whom he sold the timber from making use of it. PW1 replied that the tree was her own and that the sawyer destroyed all her crops in the farm where he felled the tree. Accused started to abuse PW1 by calling her “you this foolish woman.” A quarrel ensued between the two of them. One Nwinye Ejionwu (DW2) joined the accused her brother in abusing PW1, PW2 asked DW2 not to abuse PW1 who is her mother and is older than both DW2 and the accused.

As PW2 said this, the accused ordered Nwinye (DW2) to hold PW2 and beat her up. Nwinye obeyed the order of the accused and started to beat PW2, A fight broke out between the two girls and DW2 threw PW2 down on the ground. I heard PW1 shouting … I rushed to the spot in order to separate the girls, but the accused warned me that I would meet my doom if I dared to separate them. I had to go back to the front of my house. The girls continued to fight. I shouted for people to come and separate them. As a result of the alarm I raised, one Wome Igbarawuche came out. He also went to the scene of the fighting and wanted to separate the girls, but the accused again warned him to keep clear. As the fight continued I continued shouting for people to come and help. As I look back I saw Goodlife Obasi Ejionwu, the deceased, coming from the village. He asked me what was the matter and I told him that DW2 and PW2 were fighting and that he should go and separate them.

The deceased went to the scene and separate the girls and asked PW2 to go away. The accused was at the scene at the time the deceased separated the girls from fighting. The accused did not prevent or threaten the deceased from separating the fight. The accused only moved a few steps away from the girls to a corner. After the girls had been separated and as PW1 and PW2 were going home with the deceased following them from behind………………..I saw the accused come out from the scene where the fighting was taking place and hit the deceased with an iron rod at the back of his head. The deceased fell down on the ground at once.

I raised an alarm by shouting Many people rushed to the spot. The accused started to run away. The first person to come to the scene as a result of the alarm I raised was one Ejike Ejionwu (PW5). He asked what has happened. I drew his attention to the ground where the deceased was lying. I also showed him the accused who was running away and Ejike started to pursue him. The next person who came to the scene after the deceased had been struck down was Wobo Ejionwu (PW7). Ejike pursued the accused and caught him. Both of them started to struggle and the iron rod fell down from the hand of the accused.

I saw Ejike pick up the rod When Wobo Ejionwu came to the scene I told him what has happened and showed him Goodlife lying on the ground. He ran to the house to report the incident to their father. I also went and reported the matter to my father. My father caused the gong to be sounded in the village. The people came out. Not long after that, the police came to the village. The deceased was struck down at about 12 mid-night. I was able to see what I have told the court because there was bright moonlight that night.”