OGBUAGU v. STATE
(2020)LCN/15269(CA)
In The Court Of Appeal
(OWERRI JUDICIAL DIVISION)
On Thursday, May 28, 2020
CA/OW/79C/2017
Before Our Lordships:
Chioma Egondu Nwosu-Iheme Justice of the Court of Appeal
Rita Nosakhare Pemu Justice of the Court of Appeal
Onyekachi Aja Otisi Justice of the Court of Appeal
Between
IROHA ORJI OGBUAGU APPELANT(S)
And
THE STATE RESPONDENT(S)
RATIO
WHETHER OR NOT AN APPEAL WITHOUT MERIT WILL BE DISMISSED IN ITS ENTIRETY
This appeal is unmeritorious and is hereby dismissed in its entirety. PER NWOSU-IHEME, J.C.A.
CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was arraigned with five others before the High Court Abia State, sitting in Arochukwu, presided over by C. U Okoroafor, J, on an information of a one count charge of Murder contrary to Section 319 of the Criminal Code Cap C38 Vol. 11, Laws of the Federation of Nigeria 2004 applicable to Abia State.
In a considered Judgment delivered on the 22nd day of September, 2014, the learned trial Judge convicted the Appellant and five others and sentenced them to death. This appeal is predicated on the said Judgment.
SUMMARY OF FACTS
The case of the prosecution as presented at the trial Court was that the Appellant and five other convicts on the 29th day of December, 2010 at Aneke Abam in Abia State, murdered one Chidi Nwosu (deceased) in his bedroom
The Appellant and the five others pleaded not guilty to the charge and the case went into trial. The prosecution called four witnesses and tendered Nineteen Exhibits.
At the end of the case for the prosecution, the defence counsel made a No case submission which the trial Court overruled.
The trial Court noted that a prima facie case has been made out necessitating the accused persons to enter their defence.
Counsel for the defence in the presence of the accused persons said that the defence of the accused persons are as contained in their respective statements to the Police which have been admitted in evidence as Exhibits A – F tendered by the prosecution. The defence maintained that they would not call witnesses but rest their case on the case of the prosecution.
The trial Court believed the version on the prosecution and disbelieved the Appellant and his co-accused persons holding that the prosecution proved their case beyond reasonable doubt. The trial Court proceeded to convict and sentence the Appellant and the five other convicts to death. Exercising his constitutional right of Appeal the Appellant filed this appeal.
It should be noted that this was a joint trial where this Appellant Iroha Orji Ogbuagu, Awo Uka Awo and Acha Uka Awo were convicted and sentenced to death by the trial Court.
I have gone through the respective briefs of counsel in this appeal, the issues raised, the submissions of counsel are the same as in Appeal No. CA/OW/78C/2017.
The evidence led by the prosecution against the Appellant and the other convicts are the same. The Judgment of the trial Court convicting the Appellant and the other convicts is the same Judgment and the findings of fact in respect of each of the convicts are the same.
Accordingly, for all the reasons contained in the Judgment in Appeal No. CA/OW/78C/2017, the sole issue is also resolved against the Appellant herein and in favour of the Respondent.
This appeal is unmeritorious and is hereby dismissed in its entirety. The Judgment of C.U. Okoroafor J, of the Arochukwu Division of the Abia State High Court in charge the No. HAR/2C/2012, delivered on the 22nd of September, 2014 is hereby affirmed as well as the conviction and sentence of the Appellant.
RITA NOSAKHARE PEMU, J.C.A.: I had the privilege to read, in advance, a copy of the lead Judgment just delivered by my learned Brother, CHIOMA NWOSU-IHEME, Ph.D., JCA, dismissing this appeal. I agree with his reasoning and conclusions.
This appeal is without merit. I also dismiss this appeal and abide by the consequential orders in the lead Judgment.<br< p=”” style=”box-sizing: inherit; margin: 0px; padding: 0px;”>
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ONYEKACHI AJA OTISI, J.C.A.: I had the opportunity to read, in advance, a copy of the lead Judgment just delivered by my learned Brother, CHIOMA NWOSU-IHEME, Ph.D., JCA, dismissing this appeal. I agree with and adopt as mine the reasoning and conclusions.
The appeal is without merit. I also dismiss this appeal and abide by the orders in the lead Judgment.
Appearances:
C. Uwandu, Esq., with him, L. U. Mberede, Esq., and D. C. Nnabugo, Esq., For Appellant(s)
O. Ugwumadu, Esq. For Respondent(s)
