CaseLaw
Agbo V. State (2013) CLR 4(h) (SC)
Judgement delivered on April 19th 2013
Brief
Facts
This is an appeal against the judgment of the Court of Appeal, Enugu Division (the court below) delivered on the 24th February, 2010. Therein, the court below dismissed the appeal of the appellants against the decision of the High Court of Ebonyi State, holden at Abakaliki (the trial court) delivered on 11th April, 2008 wherein the no case submission made on behalf of the appellants, was overruled.
The appellants were charged before the trial court for the murder of Ifeanyi Nnaji. The prosecution called five witnesses and closed its case. A no case submission was made on their behalf by their counsel. Same was overruled by the trial court. The appellants lodged an appeal at the court below which was dismissed on 24th February, 2010.
The appellants felt unhappy with the stance posed by the court below and have further appealed to this court.
It is apt to assemble briefly the case of the prosecution. The evidence adduced by the witnesses points to the direction that on 23rd August, 2001, the deceased, Ifeanyi Nnaji and three others while in a Toyota car driven by one Chibueze Idah, had skirmish with Mobile Police Officers on special duties at the border between Enugu State and Ebonyi State. In the ensuing melee, the driver of the car, Chibueze Idah was shot dead while the three others, including Ifeanyi Nnaji sustained injuries on their legs. The three wounded persons were taken to the Police Headquarters, Abakaliki. Thereat, Ifeanyi Nnaji who had injuries on his leg had discussions with those around including the P.W.1 Gabriel Idah and expressed that he was well. Subsequently at the Police Headquarters, Abakaliki, Ifeanyi Nnaji and the two other wounded persons were put inside a pick-up van and taken away by the appellants who were then attached to the Surveillance Squad, Police Headquarters, Abakaliki. The next day the dead body of Ifeanyi Nnaji was found at the Federal Medical Centre Mortuary, Abakaliki and was later certified to have died from gun shot at his skull which led to brain tissue damage.
At the close of the case for the prosecution, the appellants, instead of entering their defence, elected to make a no case submission. Learned counsel for the defence maintained that they were not relying on the said no case submission. In the considered ruling handed out on 11th April, 2008, the learned trial judge - Ogbu, J. overruled the no case submission and called on the appellants to open their defence.
The appellants felt unhappy and appealed to the court below which dismissed the appeal. This is a further appeal to this court.