Ufuonye Enweonye & Ors V. The Queen (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Proof of death in a murder charge—No identification body—Circumstantial evidence—Section 1 (c) of the Criminal Code—Aiding to commit a crime.

Facts

The three appellants-were convicted for murder. There was no conclusive identification of the body of the deceased, but it was proved that the first and second appellants attacked the deceased and his brother, and that after the deceased was shot by the first appellant and his brother by the second appellant both fell into a river, and the first and second appellants retrieved their bodies and took them ashore and into the bush. The deceased has never been seen or heard of since.

A body which could not be identified’was exhumed some time later in the bush. It was found buried with another body, identified as that of his brother. The trial Judge found both appellants guilty of murder and held on the evidence that it had been established that the deceased had been killed by the first appellant actively aided by the second appellant.

The trial Judge also convicted the third appellant for murder under section 7 (c) of the Criminal Code in that he aided in committing the offence. Counsel appearing for the Crown did not support this conviction.

Held

(1) It was established in this case that the deceased had met a violent death at the hands of the 1st appellant aided by the 2nd appellant. Their conviction was upheld.

(2) There was not sufficient evidence to prove that the 3rd appellant aided in the committing of the offence and his appeal was allowed.

First and second appellants’ appeal dismissed.
Third appellant’s appeal allowed and conviction quashed.