CaseLaw
Patrick Oforlete V. State (2000) CLR 7(p) (SC)
Judgement delivered on July 14th 2000
Brief
Facts
The appellant was charged with the offence of murder contrary to section 319 (1) of the Criminal Code (Cap 30 Laws of former Eastern Nigeria applicable to Imo State). The prosecution’s case was that on the 7th day of December, 1988, at Duruaku Ebeke Isu –Njaba in the Orlu Judicial Division of Imo State, the appellant caused the death of one Agim Ohayagba by hitting him on the head with a kitchen stool. At the trial at Orlu High Court before Onunuju J., the appellant pleaded not guilty to the charge after it was read and explained to him. Thereafter both the prosecution and defence called witnesses in support of their respective cases. P.W.I the wife of the deceased testified that a fight broke out between the appellant and her deceased husband. She stated further that the appellant picked a kitchen bench and hit her deceased husband on the head. The deceased husband head became swollen and was taken to hospital after three months where he died. During the cross-examination, P.W. 1 was not asked any question suggesting that her testimony was untrue or false.
P.W. 2 a medical officer in his testimony stated that he read an X-ray of the deceased’s skull and there was no visible injury of the bone. Under cross-examination he stated that the deceased was not regular as out patient and that it is possible that other factors could have intervened to make the condition of the patient worse. P.W.5 a medical officer who performed a post-mortem examination on the deceased testified that “there was a fresh looking swelling on the left side of parietal area of the skull.” He stated further in his testimony that the skull under the swelling had some rugged appearance which was an indication of a spontaneously closed skull fracture. He also testified that the cause of death is traumatic head injury leading to infected scalp haemotone and optienia with anemia and dehydration.
After the close of evidence the counsel for the parties addressed the court. On 29th January, 1993 the learned trial judge, Onunuju J. delivered a judgment in which he found the appellant not guilty of murder but guilty of manslaughter. The appellant was dissatisfied with this and appealed to the Court of Appeal against conviction and sentence. The Court of Appeal heard the appeal, dismissed it as being without merit and affirmed the decision of the trial court. The appellant was still not satisfied and he appealed to the Supreme Court against the conviction and sentence.