MISS CHINYE M. EZEANAH VS MAHMOUD I.A. ATTAH
June 12, 2025CHIEF OJONG NDOMA –EGBA V NNAMEKE CHUKWUKELUO CHUKWUOGOR
June 12, 2025Legalpedia Citation: (2004) Legalpedia (CA) 28194
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Thu Feb 26, 2004
Suit Number: CA/PH/154/95
CORAM
SUNDAY AKINOLA AKINTAN, JUSTICE, COURT OF APPEAL
MICHAEL EYARUOMA AKPIROROH, JUSTICE, COURT OF APPEAL
CRAIG, JUSTICE SUPREME COURT
PARTIES
EMMANUEL AMAIKE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants were arraigned before a High Court in Abia State on two count charge of conspiracy and arson committed on the farmland behind the Complainant’s compound contrary to section 516A of the Criminal Code and section 443(a) of the Criminal Code, Laws of Eastern Nigeria 1963 applicable in Abia State respectively. They pleaded not guilty to the offences. At the end of the trial, the learned trial Judge convicted them to 2 years for the 1st count and 10 years for the 2nd count charge which were to run concurrently. Not satisfied with the judgment the Appellant have lodged the instant appeal.
HELD
Appeal allowed
ISSUES
Did the prosecution prove the ingredients of conspiracy and arson as to warrant the conviction of the appellant.Was the learned trial Judge right when he rejected the plea of alibi of the appellant inspite of the failure of the Police to investigate same.Was the learned trial Judge right when he concluded that the appellant was guilty merely because he did not report to the police the same day after his mother had been arrested.Did the learned trial Judge evaluate or properly evaluate all the evidence before finding the appellant guilty and if not, did not his failure to do so occasion a miscarriage of justice.”
RATIONES DECIDENDI
MALICE- DUTY OF THE PROSECUTION IN PROVING MALICE
“Prosecution is therefore required to prove that the accused must have foreseen that the particular harm might be done and yet gone on to take the risk of it. See R v. Cunningham (1957)2 Q.B. 396”. PER AKINTAN JCA
NEGLIGENCE – WHETHER MERE NEGLIGENCE WILL AMOUNT TO MALICE
“Therefore mere negligence or mischance will not amount to malice unless the accused did the act recklessly, without caring whether the house is set on fire or not.” PER AKINTAN JCA
CASES CITED
R.v. Child L.R.1 C.C.R. 307
STATUTES REFERRED TO
Criminal Code, Laws of Eastern Nigeria 1963
