IDOKO OCHANI V. THE STATE

CORAM

KUDIRAT MOTONM0RI OLATOKUNBO KEKERE-EKUN

PARTIES

IDOKO OCHANI APPELLANTS

RESPONDENTS

AREA(S) OF LAW

Not Available

SUMMARY OF FACTS

The Appellant along with an accused person were arraigned before the High Court of Benue State, sitting at Makurdi on a two-count charge of conspiracy and culpable homicide punishable under Sections 97 and 221 of the penal code respectively. There was a land dispute between the Appellant’s father and the deceased over a toilet on the land which the deceased did not want the accused persons to use. The dispute went to court and was decided in favour of the deceased. There was an appeal against the said decision but there was nothing before the court to show that it had been determined. The Appellant’s father however obtained an order for stay of execution of the judgement. The deceased remained adamant that the Appellant’s family members could not use the toilet which he claimed belonged to him. The prosecution contended that the Appellant and the co-accused attacked the deceased in the disputed toilet and killed him. Both accused persons pleaded not guilty to the charge and trial commenced. At the conclusion of trial, the court found the Appellant and his co-accused not guilty of the offence of conspiracy. However the Appellant and the 1st accused were sentenced to death by hanging for culpable homicide punishable with death under Section 221 of the Penal Code. The 3rd accused, Agnes Idoko, was convicted of the lesser offence of criminal force, contrary to section 265 (a) of the Penal Code and sentenced to a fine of N1000 or a term of three months imprisonment. Dissatisfied by the decision, all three convicts appealed to the Court of Appeal, Jos Division, which dismissed the appeal and affirmed the convictions and sentences imposed by the trial court. Still dissatisfied, the Appellant has further appealed to the Supreme Court.