ANTHONY OKORO VS THE STATE

CORAM

IBRAHIM TANKO MUHAMMAD – JUSTICE, SUPREME COURT

MARY UKAEGO PETER-ODILI – JUSTICE, SUPREME COURT

PARTIES

ANTHONY OKORO APPELLANTS

 THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant   was charged along with two others for the murder of one Obediah  Ofoegbe  (the deceased).The deceased  before his demise had made a dying declaration to his wife that it was the appellant who shot him, he also made a statement to the police identifying the appellant as the one who shot him. The trial court acquitted the other accused persons but convicted the appellant for the murder of the deceased. The Court of Appeal confirmed his conviction.?

HELD

The Supreme Court confirmed the concurrent findings of the lower courts.

ISSUES

1.Whether the conviction of the appellant was valid since the co-accused were discharged and acquitted of the same charges as the appellant was charged.?

2.Also, whether the appellant received fair hearing as he was not provided with an interpreter by the trial court.?

RATIONES DECIDENDI

FAIR HEARING: FAILURE TO PROVIDE AN INTERPRETER.

“The failure to provide an interpreter has always been treated as a matter of procedure and a conviction would not be disturbed on appeal except it can be shown that the failure to provide an interpreter led to miscarriage of justice” “ Per- Bode Rhodes-Vivour .JSC.

CIRCUMSTANTIAL EVIDENCE.

“Before an accused can be convicted on such evidence it must be shown that: 1. The circumstances from which an inference of guilt is arrived at must be cogently and firmly established; 2.The circumstances must point towards the guilt of the accused person and no one else.” “ Per- Bode Rhodes-Vivour .JSC.

DYING DECLARATION.

“To qualify as dying declaration the statement must be made by a person when he is dying or believes he is approaching death as a result of the injury which caused his death and such statement s are admissible against anyone in situations where the cause of death is in issue” ” Per- Bode Rhodes-Vivour .JSC.

HOW MURDER IS ESTABLISHED.

“To establish a case of murder the prosecution has to prove the following (:a) that the deceased died; (b) that the death was not natural; (c) that the act of the accused person caused the death of the deceased ,or/and; (d) that the deceased died as a result of injury caused by the accused person.” ” Per- Bode Rhodes-Vivour .JSC.

CASES CITED

Udosen .v.The  State 2007 4 NWLR PT.1023 P125Dokubo -Asari.v. Federal Republic of NigeriaAnyanwu V  State 2002 13NWLR Pt 783p 107. Akpan v The State 1992 6 NWLR Pt 248 P439State v Aibangbee 1988 2NWLR Pt 84 P5489State vOka 1975 9-11 SC p17Umani v State 1988 1NWLR Pt 70 p274Orji v State 2008 10 NWLR  Pt1094p31Ebri vThe State 11NWLR Pt 885 p 589Adele v State 1995 2 NWLRKalu v The State 1988 4NWLRBwashi v . State 1872 6SCRex V Abengowe 1936  3WAKA p85Miller v Minister of Pensions 1947 2 ALL ER p 372Ukorah v State 1977 4SC p.167Adie v State 1980 1-2  SC p.116Gabriel  v State 1989 5 NWLR pt.122p.439 ?

STATUTES REFERRED TO

1979 CFRNCRIMINAL CODE

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