Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMED Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Between
EMMANUEL EGWUMI- Appellant
AND
…………………….A…………………….
BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant as accused person was charged along with eight other accused persons who did not stand trial.
The charge against the appellant read:
1ST HEAD OF CHARGE
That you Emmanuel Egwemi and others presently of large, namely David Nwadike, Boyi Nyekwewu, Raphael Boyi, Joel Boyi, Udalor Uchegwe, Thomas Anayi, Edogo Nnaye and Okolo Achemoye presently standing trial in this honourable court, on or about the 29th day of November 1998 at Akumaji in Ibaji Local Government Area of Kogi State, agreed to do an illegal act to wit, invade the home of one Alhaji Umoru Bamayi, caused destruction to his properties and that of his wives and that of his children, beaten (sic) up his wife and eventually ended up by killing the said Alhaji Umoru Bamayi and that the same acts were done in pursuance of the agreement and you thereby committed an offence punishable under section 97 of the penal Code.
2ND HEAD OF CHARGE
That you Emmanuel Egwemi and others presently of large, namely David Nwadike, Boyi Nyekwewu, Raphael Boyi, Joel Boyi, Udalor Uchegwe, Thomas Anayi, Edogo Nnaye and Okolo Achemoye presently standing trial in this honourable court, on or about the 29th day of November 1998 at Akumaji in Ibaji Local Government Area of Kogi State caused the death of Alhaji Umoru of Okumaji Ibaji by doing an act to wit: by drowning and cutting off his head with the knowledge or had reason to know that death would be the probable consequence of your act and you thereby committed an offence punishable under section 221 of the penal Code.
3RD HEAD OF CHARGE
That you Emmanuel Egwemi and others presently of large, namely David Nwadike, Boyi Nyekwewu, Raphael Boyi, Joel Boyi, Udalor Uchegwe, Thomas Anayi, Edogo Nnaye and Okolo Achemoye presently standing trial in this honourable court, on or about the 29th day of November 1998 of Akumaji in Ibaji Local Government Area of Kogi State caused bodily pains to Madam Ramatu Umoru by beating her to a plump (sic) leading to her hospitalization and you thereby committed an offence punishable under section 245 of the Penal Code.
