CaseLaw
Ohuka V. State (1988) CLR 7(d) (SC)
Judgement delivered on July 8th 1988
Brief
Facts
There was a party in the evening of 5th November, 1978 in the house of the 6th accused person to celebrate an addition to his family following the delivery of a baby for him by one of his wives. The 6th accused person invited all the other accused persons accused of the murder of the deceased, Okebugwu Nwosuagu, including the three accused persons discharged at the trial court to the party. The deceased too was invited to the party. All of them including the deceased attended the party. As regards the deceased, he left his house for the party on a Rudge bicycle at about 5 p.m. that day. There was much merriment which included drinking at the party which went on till well after nightfall when the light at the place went off when the generating set owned by the 6th accused and which illuminated the whole of his premises with electric light ceased suddenly to function and the whole place was thrown into darkness.
It was suggested in evidence that the light out was deliberately engineered by the 6th accused. I will only observe there was no sufficient evidence pointing in this direction and then continue with the evidence I am putting down. As no alternative effective light was produced, after the electric light failure, the guests at the party took the light out as a signal that the party had come to an end though abruptly. So all those present there that night left the 6th accused person’s house apparently in good physical well-being and apparently for their respective houses. The deceased was among the invited guests who left the 6th accused person’s house under the circumstance and in the condition I have just described. But the deceased alone among all the invited guests did not reach his house that night or again.
This led to the arrest of all the accused persons. While in custody, the 1st accused volunteered a statement, confessing to the murder of the deceased and implicating the rest of the accused persons.
All persons, excluding the 9th accused who was discharged and acquitted, were convicted as charged. They appealed unsuccessfully to the Court of Appeal. A further appeal to the Supreme Court was made.