BEFORE
SALIHU M. ALFA BELGORE JUSTICE, SUPREME COURT
EMMANUEL O. OGWUEGBU JUSTICE, SUPREME COURT
SYLVESTER U. ONU JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
UMARU. ATU. KALGO JUSTICE, SUPREME COURT
BETWEEN
SUNDAY IHUEBEKA APPELLANT
AND
THE STATE RESPONDENT
…………………….A……………………
E.O.OGWUEGBU JSC.: (delivering the leading judgement). The appellant was convicted for murder and sentenced to death by Okungbowa, J on 14th January, 1991 at the High Court of the former Bendel State at Ekpoma. The offence was committed on 19th September, 1985 at Illeh-Ekpoma in the Ekpoma Judicial Division.
The deceased, Iregho Uluebeka was the father of the accused. At about 7pm on 18-9-85, the deceased invited PW.1 (Abu Uluebeka) to the family house where he was living. The accused who was at the time of the incident a Sales Representative of Green Sands Publishers at Benin came home that evening. In the presence of PW.1, the deceased requested the accused to help in the payment of the school fees of his younger brother who gained admission into a Technical College at Afuze. The accused refused to assist despite persuasion from PW.1.
In the morning of 19-9-85, PW.1 went to the house of the deceased to greet him and the deceased told him that he was going to the farm to harvest yam tubers which the accused would take with him when returning to Benin later that day. The deceased was the elder brother of PW.1. Later that day, PW.1 was invited to the deceaseds farm where he saw the deceased in a pool of blood. He also saw two police men at the scene. The deceased told him something.
Shortly after, a vehicle arrived and with the assistance of the policemen, the deceased was put into the vehicle and they left for the Police Station, Ekpoma and from there to the hospital. He died immediately they arrived at the hospital.
The accused was arrested and he made a statement to the police. The statement was tendered and admitted in evidence without any objection as Exhibit “1” through PW.4 (Police Sergent Koliko Umaru) who investigated the complaint. It reads:
