CaseLaw
Bouwor V. The State (2016) CLR 1(b) (SC)
Judgement delivered on January, 22nd 2016
Brief
Facts
The prosecution’s case was that the appellant along with the 1st and 2nd accused persons were members of an unlawful society known as ‘jurice’and that they conspired to murder and indeed murdered the deceased.
The case against the 4th accused person was that his sons were members of the said ‘jurice’.They were involved in the murder of the deceased with the knowledge of the 4th accused person who assisted them to flee from justice.
Subsequently, the appellant herein and three others upon arraignment before the trial court were first charged on a four counts for conspiracy to commit murder, membership of unlawful society and accessory after the fact to murder. Hence, the charge was later substituted and a fresh plea was taken.
The 1st, 2nd and 3rd accused persons were discharged and acquitted on Count II and III for the offences of murder and being members of an unlawful society respectively.However, they were convicted on count I for the offence of conspiracy to commit felony to wit: murder and each sentenced to 10 years imprisonment with option of fine. The 4th accused was discharged and acquitted.
Dissatisfied, the 1st, 2nd and 3rd accused persons filed separate notices of appeal to the Court of Appeal who affirmed the decision of the trial court and dismissed the appeal. Hence, an appeal to the Supreme Court by the appellant.