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Before Their Lordships
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
Between
OKEMEFUNE NDOZIE –Appellant
AND
THE STATE –Respondent
…………………….A…………………….
JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division delivered on 16th July, 2013 wherein the Lower Court affirmed the judgment of the trial High Court of Delta State sitting at Ogwashi-Uku. In the said judgment the appellant and two others were found guilty and convicted for the offence of conspiracy to commit murder of one Smart Okwute and sentenced to 10 (ten) years imprisonment each with hard labour.
The brief facts giving birth to this appeal may be stated as follows:-
The appellant and three other persons were originally arraigned before the High Court of Delta State sitting at Ogwashi-Uku and presided over by T. O. Diai, J on 1st December, 2010 upon information filed on 19th August, 2010. The original information was subsequently substituted by a four count information on 12th January, 2011.
The record shows that in the information filed by the State, the 1st, 2nd and 3rd accused persons were charged with the following offences:-
STATEMENT OF OFFENCE; COUNT 1
Conspiracy to commit felony to wit: murder, punishable under S.324 of the Criminal Code Law Cap. C.21 Vol.1, Law of Delta State, 2006.
PARTICULARS OF OFFENCE
OKEMEFUNE NDOZIE (M), NOSIKE IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwuashi-Uku Judicial Division did conspire to commit murder.
STATEMENT OF OFFENCE; COUNT II
Murder, punishable under Section 319 (1) of the Criminal Code Law Cap. C21 Vol.1 Laws of Delta State.
PARTICULARS OFFENCE
OKEMUFUNE NDOZIE (M), NOSIKE IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwashi-Uku Judicial Division murdered one SMART OKUTE.
STATEMENT OF OFFENCE: COURT III
Membership of unlawful society punishable under S.64 of the Criminal Code Law Cap C.21 Vol.1 Laws of Delta State, 2006.
PARTICULARS OF OFFENCE
OKEMEFUNE NDOZIE (M), NOSIKE IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwashi-Uku Judicial Division belong to the unlawful society known as Jurice.
The 4th accused person was charged as follows:
STATEMENT OF OFFENCE: COUNT IV
Accessory after the fact to murder punishable under S.322 of the Criminal Code Law Cap. C.21 Vol. 1 Laws of Delta State 2006.
PARTICULARS OF OFFENCE
MEKWUNYE HEZEKIAH, well knowing that one Onyeka and Onyebushi Mekwunye did on the 21st day of March, 2010 murdered one Smart Okute, did on the 21st day of March, 2010 in Ogwashi-Uku Judicial Division and on other days thereafter recieve, comfort, harbor, assist and maintain the said Onyeka and Onyebushi Mekwunye.
At the trial the prosecution called five witnesses and each of the accused persons testified in their own behalf and called no witness. The respondent’s case was that the appellant herein alongside the 2nd and 3rd accused persons are members of an unlawful society known as “Jurice” and that they conspired to murder and indeed murdered the deceased person on the 21st day of March, 2010. The case against the 4th, accused was that his sons are members of the said ‘Jurice’ confraternity and that they were involved in the murder of the deceased to the knowledge of the 4th accused who assisted them to flee from justice.
The appellant testified for himself and called no other witness. He denied being member of the ‘Jurice’ society and further denied being a part of any conspiracy to murder the deceased. Each of the other accused persons also testified for themselves individually without calling any other witness. Written address were subsequently exchanged and adopted on behalf of the parties.
In a considered judgment delivered on 23rd May, 2012, the 1st, 2nd and 3rd accused persons were discharged and acquitted in counts II and III but were convicted in count I and each sentenced to 10 years imprisonment without an option of fine while the 4th accused person was discharged and acquitted in Count IV.
The 1st, 2nd and 3rd accused persons being dissatisfied with the conviction and sentence, filed separate notices of appeal
The appellant and three other persons were originally arraigned before the High Court of Delta State sitting at Ogwashi-Uku and presided over by T. O. Diai, J on 1st December, 2010 upon information filed on 19th August, 2010. The original information was subsequently substituted by a four count information on 12th January, 2011.
The record shows that in the information filed by the State, the 1st, 2nd and 3rd accused persons were charged with the following offences:-
STATEMENT OF OFFENCE; COUNT 1
Conspiracy to commit felony to wit: murder, punishable under S.324 of the Criminal Code Law Cap. C.21 Vol.1, Law of Delta State, 2006.
PARTICULARS OF OFFENCE
OKEMEFUNE NDOZIE (M), NOSIKE IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwuashi-Uku Judicial Division did conspire to commit murder.
STATEMENT OF OFFENCE; COUNT II
Murder, punishable under Section 319 (1) of the Criminal Code Law Cap. C21 Vol.1 Laws of Delta State.
PARTICULARS OFFENCE
OKEMUFUNE NDOZIE (M), NOSIKE IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwashi-Uku Judicial Division murdered one SMART OKUTE.
STATEMENT OF OFFENCE: COURT III
Membership of unlawful society punishable under S.64 of the Criminal Code Law Cap C.21 Vol.1 Laws of Delta State, 2006.
PARTICULARS OF OFFENCE
OKEMEFUNE NDOZIE (M), NOSIKE IBOJI (M), CHIBUZOR NKEMEBOUWOR (M) and others now at large on or about the 21st day of March, 2010 at Otulu, in Ogwashi-Uku Judicial Division belong to the unlawful society known as Jurice.
The 4th accused person was charged as follows:
STATEMENT OF OFFENCE: COUNT IV
Accessory after the fact to murder punishable under S.322 of the Criminal Code Law Cap. C.21 Vol. 1 Laws of Delta State 2006.
PARTICULARS OF OFFENCE
MEKWUNYE HEZEKIAH, well knowing that one Onyeka and Onyebushi Mekwunye did on the 21st day of March, 2010 murdered one Smart Okute, did on the 21st day of March, 2010 in Ogwashi-Uku Judicial Division and on other days thereafter recieve, comfort, harbor, assist and maintain the said Onyeka and Onyebushi Mekwunye.
At the trial the prosecution called five witnesses and each of the accused persons testified in their own behalf and called no witness. The respondent’s case was that the appellant herein alongside the 2nd and 3rd accused persons are members of an unlawful society known as “Jurice” and that they conspired to murder and indeed murdered the deceased person on the 21st day of March, 2010. The case against the 4th, accused was that his sons are members of the said ‘Jurice’ confraternity and that they were involved in the murder of the deceased to the knowledge of the 4th accused who assisted them to flee from justice.
The appellant testified for himself and called no other witness. He denied being member of the ‘Jurice’ society and further denied being a part of any conspiracy to murder the deceased. Each of the other accused persons also testified for themselves individually without calling any other witness. Written address were subsequently exchanged and adopted on behalf of the parties.
In a considered judgment delivered on 23rd May, 2012, the 1st, 2nd and 3rd accused persons were discharged and acquitted in counts II and III but were convicted in count I and each sentenced to 10 years imprisonment without an option of fine while the 4th accused person was discharged and acquitted in Count IV.
The 1st, 2nd and 3rd accused persons being dissatisfied with the conviction and sentence, filed separate notices of appeal
…………………….B…………………….
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