CaseLaw
Okeke V. State (2003) CLR 2(d) (SC)
Judgement delivered on February 28th 2003
Brief
Facts
The Appellant was arraigned before the High Court of Anambra State for the murder of one Kenneth Ojukwu (hereinafter referred to as the "deceased"). The Appellant, the deceased and some other persons living at Onitsha traded in foreign monies. The traders contributed foreign monies, the accused also contributed for the deceased to take to Lagos in course of the same business in foreign exchange. He was to travel by road from Onitsha, but as the bridge linking the town to the western bank of River Niger and Asaba was blocked by an accident he decided to go to Enugu to travel to Lagos by air. The Appellant offered the deceased a lift to Enugu in his car. The Appellant borrowed a Volkswagen car from his sister and headed towards Enugu but after a few kilometers, somewhere between Umunya and Akwa, the Appellant took out the motor jack inside the car, which was in motion, with him at the wheel and hit the deceased on the head. There was a struggle between the deceased and the Appellant whereby the Appellant used pen knife to stab the deceased at the neck. All along, the Appellant knew the deceased carried foreign money, including the Appellant's own contribution. The money was mainly in CFA Francs. The deceased, having been grievously injured, managed to jump out of the car and a road user saw the Appellant's car pursuing the deceased along the road and he reported to police at the next check point. The trial High Court Judge (Ezeani, J.) after reviewing the whole evidence before him concluded that the accused murdered the deceased by hitting him on the head with a heavy steel object and by stabbing him whereby he suffered massive haemorrhage which caused his death. He considered the defence of intoxication which he found did not avail the Appellant because if the Appellant had any impairment of the brain, it was self-induced as he deliberately took cocaine. He therefore found the Appellant guilty of murder and accordingly convicted him as such under Section 274(1) of Criminal Code Law, (Cap.36) Laws of Anambra State 1986 and sentenced him to death.
Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal, Enugu Division. The Court of Appeal found no merit in the appeal and dismissed it. The Appellant's conviction and sentence were affirmed.
Still dissatisfied the Appellant appealed to the Supreme Court