Judgment
EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Leading Judgment) : The respondent was the Vice Chairman of the Task Force of the Youths Association of Amaorie Ozziza Community in Afikpo North L.G.A of Ebonyi State.
On 18-9-2016, as such Vice chairman, he and other leaders of the taskforce directed and led members of the said Task Force of the Youths Association of the Amaorie Ozziza to go out and force youths in the community that had refused to attend the meeting of the Youths Association holding that day at the community playground, Armed with sticks, machetes and axe, singing war songs, they invaded the home of one Ali Agha to compel him to attend the said meeting.
In the process of compelling him to follow them, they killed him by inflicting multiple machete cuts on his body resulting in acute loss of blood.
Nine members of the group, including the respondent, were arrested by the police in connection with the incident. They were arraigned before the High Court of Ebonyi State, at Afikpo in Afikpo Judicial Division in criminal case No. HAF/24C/2017 on an amended one count charge of murder of Ali Agha contrary to Section 319(1) of the Criminal Code Law Cap. 33 Vol. 1 Laws of Ebonyi. The respondent was the 3rd accused.
Following conclusion of evidence and addresses by the prosecution and the defence, the trial Court rendered its judgment on 15-10-2018, holding inter alia that- “The firm view of this Court is that all the accused persons in this charge are caught up by Section 7 of the Criminal Code Law Cap 33, vol. 1, Laws of Ebonyi State of Nigeria, 2009. ANIGBOGU V.
UCHE JIGBO (2002) 10 NWLR (Pt. 776) page 472 at page 477 on need for local associations not to violate citizen’s rights to freedom of association, Court of Appeal held thus: “Desirable as development project in the community may be, there must be precaution to ensure that the fundamental rights of individuals are not trampled upon by popular enthusiasm. These rights have been enshrined in the legislation, that is the constitutions, enjoy superiority over local custom, freedom of association and religion are all constitutional rights which ought to be respected”. See also the case of Agbai v.
