CORAM

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PARTIES

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APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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CRIMINAL LAW, CONSTITUTIONAL LAW, EVIDENCE, FAIR HEARING, MURDER, SELF-DEFENSE, CONFESSIONAL STATEMENTS, APPEAL

 

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SUMMARY OF FACTS

The Appellant, Chidi Elem, was arraigned before the High Court of Justice, Edo State on a one-count charge of murder punishable under Section 319(1) of the Criminal Code Cap 48, Vol II, Laws of Bendel State of Nigeria, 1976 now applicable to Edo State. The particulars of the offense alleged that the Appellant, on or about July 30, 2011, at Ohosu in the Iguobazuwa Judicial division, murdered one John Ben Odey.

The Prosecution called three witnesses. PW1 testified that the deceased came to buy cigarettes from his shop, and shortly after leaving, he heard the deceased scream “Monkey no fine has cut me,” which was the Appellant’s nickname. PW1 ran to the direction of the scream where he found the deceased, who pointed in the direction the Appellant went. PW1 held the deceased while some men pursued and caught the Appellant. When asked why he attacked the deceased, the Appellant claimed the deceased tried to cut him first. The deceased died after two days in the hospital.

The Appellant in his defense claimed he didn’t know the deceased by name but fought a man who had eaten his food without permission. He claimed there were several confrontations, and that on the fateful day, the man attacked him with a cutlass and a hoe, and he defended himself by taking the cutlass and hitting the man, though he didn’t know where exactly he hit him.

The trial Court found the Appellant guilty of murder and sentenced him to death by hanging. The Court of Appeal affirmed the conviction and sentence, dismissing the Appellant’s appeal. The Appellant further appealed to the Supreme Court.

 

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HELD

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1. The appeal was dismissed for lacking merit.

2. The Court held that the Appellant’s right to fair hearing was not breached as his counsel was present in court but chose not to object to the admission of Exhibit A.

3. The Court affirmed that the confessional statement of the Appellant, which was direct, positive, and unequivocal, was sufficient to convict him, especially with abundant corroboration outside the confession.

4. The Court held that the defence of self-defence could not avail the Appellant as he failed to discharge the burden of proving that he acted in self-defence, and there was no evidence to support his claim.

5. The judgment of the Court of Appeal, Benin Judicial Division delivered on December 4, 2019, affirming the judgment of the trial Court, was affirmed.

 

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ISSUES

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1. Whether the Court below was right when it unanimously held that the manner with which the trial Court admitted Exhibit A (Appellant’s confessional statement) amounted to a breach of the Appellant’s right to a fair trial or fair hearing but that breach does not amount to a miscarriage of justice?

2. Whether from the totality of evidence led in this case and upon proper evaluation, the Courts below were justified in holding that the Respondent proved beyond reasonable doubt the offence of murder against the Appellant even when the Appellant’s evidence is the only eyewitness account to the offence charged?

3. Whether from the totality of evidence led and upon proper evaluation of the evidence on record, the trial Court was duty bound to consider all defences and evidence which favorably avails the Appellant, especially the defence of self-defence specifically raised by the Appellant?

 

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RATIONES DECIDENDI

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CASES CITED

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STATUTES REFERRED TO

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• Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 36 and Section 33(2)

• Criminal Code Cap 48, Vol II, Laws of Bendel State of Nigeria, 1976 (as applicable to Edo State), Section 319(1)

• Criminal Procedure Law, Cap 49, Vol 2 Laws of the Defunct Bendel State of Nigeria, 1976 (as applicable to Edo State), Section 352

 

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CLICK HERE TO READ FULL JUDGMENT

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