CaseLaw
State V. R.I. Sunday (2019) CLR 3(q) (SC)
Judgement delivered on March 8th 2019
Brief
Facts
This appeal is against the judgment of the Court of Appeal, Calabar Division delivered on 17th January 2013 wherein the lower Court set aside the conviction and sentence to death of the appellant by the Trial High Court of Akwa Ibom State. The appellant was convicted for the murder of his father, Norbert Sunday on or about the 2nd day of April, 1996 at No. 81A Ikpa Road Uyo, Akwa Ibom State. The facts of the case may be summarized as follows:
The Respondent herein, Raphael Ifiok Sunday was charged at the High Court of Akwa Ibom State with one count of murder of his father, one Norbert Sunday, contrary to Section 319(1) of the Criminal Code.
The particulars of offence charged read as follows: "Raphael Ifiok Sunday on or about the 2nd April 1996 at No. 81A Ikpa Road, Uyo Judicial Division murdered Norbert Sunday."
The complainant, Etim Udah, Deputy Family Head of Nnung Ibanga Ekpa of Afaha Oku Village, Uyo, made two statements to the police on the 7th April, 1996 and on the 12th April, 1996, which are contained at pages 9, 10 and 11 of the record.
On the 2nd December 2004, he testified in Court as the first Prosecution witness (PW1) and his evidence is contained on pages 30 to 32 of the record.
Other prosecution witnesses were Edem Udofia Ibanga (PW2), Family Head of Nnung Ibanga, Sergeant Asuquo Essien (PW3) and Edet Effiong Udo (PW4) whose statements to the police and evidence at the trial are all contained at pages 12 through to 14 of the record.
The facts upon which the charge was brought was that on the 6th April, 1996 the Respondent went to the house of PW1 and reported that he had not seen his father for 5 days. Upon inquiry by PW1, the Respondent told him that his father was not sick and that he had not reported the fact of his being missing to his family members. PW1 advised the Respondent to inform his family members and together they went to their family head who convened a family meeting where the matter was discussed. The family head gave the Respondent three days to search for his father and report back to them. On the 3rd day when the Respondent reported that he still could not find his father, the matter was referred by the family to the village head, Obong Akpan Essien Ekpe.
When questioned by the village head as to the whereabouts of his father, the Respondent said that he suspected that his father was in a pit toilet owned by one Akon Ibanga, the deceased's brother's wife. The matter was reported to the police. The Respondent then led the police to the pit toilet where the corpse of his father was found. The police visited the house of the deceased and found his room filled with faeces. A blood soaked shirt belonging to the deceased was recovered.
On Wednesday 3rd April, 1996, Edem Udofia Ibanga, the family head of Nnung Ibanga (PW2), went to visit the deceased in his house. He knocked on the doors to the deceaseds room and that of the Respondent. There was no response from the deceased's room. The Respondent later showed up and was asked by PW2 of his fathers whereabouts. The Respondent shouted at PW2 and pushed him out of the compound. PW2 testified to the fact that the Respondent had in the past told him that he would kill his father alleging that his father was a wizard. He stated that the Respondent in the past subjected his father to beatings and stabbings and that although the matter was reported to the police, the deceased never pressed for the prosecution of the Respondent for fear of reprisals. When the matter was reported to the family, the respondent was asked to look for his father and report back to the family the following day. In his several meetings with members of his family, the respondent never suggested that the corpse of his father could be found in the pit toilet belonging to the deceased's brother's wife. Rather, the respondents’ statement to the family was that someone told him that the deceased was seen along Etuk Street, Uyo, while another person claimed to have sighted him along Calabar Itu Highway. It was several days later when the matter was reported to the village head that the respondent suggested that the pit toilet owned by Akon Ibanga be explored.
When Sergeant Asuquo Essien PW3, visited the scene of the incident in the house of the deceased located at No. 81A Ikpa Road, Uyo, he recovered a handwritten note left by the deceased, which stated that if he died, it was the accused who killed him. He found that the room was filled with faeces. He discovered that the pit latrine was partly broken.
The pit latrine was further broken on the 20th April, 1996, to remove the corpse of the deceased. After the corpse was exhumed, a post mortem examination was conducted by the doctor and a report was subsequently issued. PW3 found out that there were cases reported at "A" Division of the Nigerian Police, Uyo by the deceased against respondent and that he saw the crime dairy in which the deceased reported a case of assault occasioning harm against the respondent. The facts highlighted at the end of investigation by PW3 are contained on pages 39 and 40 of the record. At the end of his investigation, PW3 wrote a report dated the 15th April, 1996 which was tendered, admitted and marked Exhibit J. Based on those findings, the respondent was arraigned and charged with the murder of the deceased.
Edet Effiong Udo, PW4, was engaged by Akon Hanson lbanga a.k.a. Mmaette to repair her damaged pit latrine on the 6th April, 1996. The day after completion of the repairs, the respondent approached him and asked whether he had seen his father, Sunday Udofia. PW4 replied that he has not seen the respondent's father. He asked PW4 what he saw when he repaired the toilet.
Other prosecution witnesses were Edem Udofia Ibanga (PW2), Family Head of Nnung Ibanga, Sergeant Asuquo Essien (PW3) and Edet Effiong Udo (PW4) whose statements to the police and evidence at the trial are all contained at pages 12 through to 14 of the record.
PW4 replied that he saw nothing except faeces. The respondent told PW4 that he suspected that his father was in the toilet. PW4 said to the respondent that if he knew of such incident he would not have gone there. The testimony of PW4 is contained on pages 45 - 47 of the record and his statement to the police is marked Exhibit "K".
In his defence, the Respondent denied knowing anything about his father's death.
Both in his statement to the police and evidence in Court, the respondent emphatically said that his late father was a drunkard and also very sick to the extent that he could not leave the room but was passing faeces in the room. The Respondent was responsible for packing the faeces until the late father decided to be managing to get to the pit toilet. Respondent says it was the family which accused the deceased of being a wizard when his junior brother died. That he only suggested his father may have fallen into the pit toilet because of the stench oozing from the said toilet. In all his statements he denied knowledge of how his father died.
Upon the conclusion of trial, judgment was delivered on the 19th day of November, 2007 and the learned trial Judge found the Respondent guilty of the offence of murder and accordingly, convicted and sentenced him to death by hanging.
Being aggrieved with his conviction and sentence, the Respondent appealed to the Court of Appeal, Calabar by a notice of appeal dated the 26th of November, 2007. The Court of Appeal in its judgment delivered on 17th January, 2013, allowed the appeal, acquitted and discharged the Respondent of the offence of murder.
The Appellant, being dissatisfied with the stance of the lower Court has appealed to this Court.