PHILIP ENWEREMADU v. THE STATE
(2018)LCN/12427(CA)
In The Court of Appeal of Nigeria
On Tuesday, the 22nd day of May, 2018
CA/PH/576C/2007
RATIO
EVIDENCE: WHETHER MERE SUSPICION CAN BE A GROUND FOR CRIMINAL RESPONSIBLITY
“The position of our law has always remained that mere suspicion without more cannot found a conviction. There was nothing before the trial Court to establish either directly or circumstantially that either the appellant or his brother Boniface did any avert act that led to the death of the deceased. It was wrong to have convicted them on mere suspicion.” RAPHAEL CHIKWE AGBO, J.C.A.
Before Their Lordships
RAPHAEL CHIKWE AGBOJustice of The Court of Appeal of Nigeria
MASSOUD ABDULRAHMAN OREDOLAJustice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPEJustice of The Court of Appeal of Nigeria
Between
PHILIP ENWEREMADUAppellant(s)
AND
THE STATERespondent(s)
RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment):
The appellant together with his brother Boniface and their father Nze Ikemenanwa and their sister Cecilia were arraigned at the High Court of Imo State sitting at Mbano-Etiti on a charge of murder. They were alleged to have murdered one Rose Omenuko, a girl friend of their father Nze Ikemenanwa at Umuagu Obowo on 8th February 1998. They all denied committing the offence. The charge was HME/2C/98. The lady, Cecilia Enweremadu died in custody before the end of trial. In a considered judgment the trial Court on 18th May 2007 which convicted the three accused persons and sentenced each of them to death by hanging.
Each of them appealed to this Court against the conviction. This was in CA/PH/573C/2007 reviewed the judgment as it affects Nze Ikemena Enweremadu, the father of the appellant and in its judgment delivered on 2nd June 2017 voided the conviction of Nze Enweremadu, entered a verdict of not guilty against him and discharged and acquitted him. Nze Enweremadu was the principal suspect. The deceased had visited him on the day she died. His evidence was that the deceased had prepared a meal for him and visited him with the food. That while with him the deceased became ill and started vomiting.
He took her out of the house on a pathway to the village to seek medical attention for her in the village but she collapsed along the way and died. He now called on his sons including the appellant and other people who came to the scene and discovered that soldier ants were feasting on the body of the deceased. They then decided to move the body away to the location near the primary school away from the soldier ants. On the other hand the story of the appellant was that he came from town to meet the father who told him of the death of his girl friend the deceased.
He accompanied the father to the scene and helped him move the corpse away from soldier ants. The evidence upon which the appellant and his brother Boniface were convicted was that THREE YEARS before the incidence, they had frowned at the relationship between their father the deceased and warned her to discontinue the relationship or she will meet dire consequences. The position of our law has always remained that mere suspicion without more cannot found a conviction.
There was nothing before the trial Court to establish either directly or circumstantially that either the appellant or his brother Boniface did any avert act that led to the death of the deceased. It was wrong to have convicted them on mere suspicion. This appeal succeeds. The conviction of the appellant is hereby set aside. In its place is entered a verdict of not guilty. The appellant is hereby acquitted and discharged.
MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I have had the privilege of reading before now, the lead judgment of my learned brother, Hon. Justice Raphael Chikwe Agbo, JCA. I agree with his reasoning and conclusion. For the same reasons, I also allow this appeal and adopt the consequential orders made in the said lead judgment of my learned brother, Agbo, JCA.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.
Appearances:
L. C. Ugorji with him, C. O. OzuzuFor Appellant(s)
Respondent served hearing notice on 5-12-18.
For Respondent(s)
