GODWIN ALAO. V. THE STATE

Issue:

The appellant herein Godwin Alao was tried along with his younger brother, Omokhefe Alao. The Appellant stood as the 2nd accused person. Both accused persons were tried for the offence of murder on 19th June, 2007.The facts are clear, that prior to the 14th day of February, 2005, the deceased brothers and the appellant and his brothers had some mis-understanding which led the PW1 Ovie Julius and his brothers including the deceased to report the matter to the police notwithstanding that, the mis-understanding generated into serious fracas where the appellant, herein, his younger brother, 1st accused person and one Edemoses stabbed the deceased to death. CHARGES COUNT 1 Conspiracy to murder punishable under Section 516 of the Criminal Code Cap. 48 Vol. II Laws of Bendel State of Nigeria, 1976 applicable in Edo State of Nigeria. PARTICULARS OF OFFENCE Omokhefe Alao and Godwin Alao on or about the 14th day of February, 2005 at Sabongida-Ora in Sabongida-Ora Judicial Division conspired with one another to commit a felony to wit. Murder COUNT 2 Murder punishable under Section 319(1) of the Criminal Code Cap 48 Vol. II Laws of Bendel State of Nigeria, 1976 applicable in Edo State of Nigeria. PARTICULARS OF OFFENCE Omokhefe Alao and Godwin Alao on or about the 14th day of February, 2005 at Sabongida-Ora in Sabongida-Ora Judicial Division murdered one Edwin Asaba Ovie (M). The prosecution called four (4) witnesses and tendered four Exhibits to prove the two count-charge. The charges were framed at the High Court of Justice Edo State in the Sabongida - Ora Judicial Division at Sabo. It was the Hon Justice E. A. Edigun J. The two count-charge of conspiracy and murder, contrary to Section 516 and 319 (1) respectively of the Criminal Code 48 Vol. II Laws of Bendel State of Nigeria, 1976 applicable in Edo State of Nigeria. Each of the two accused persons pleaded NOT GUILY and testified in his defence and called witnesses in his defence. After considering the testimonies of the five (5) prosecution witnesses and the four exhibits tendered by the prosecution, the two accused persons, including the appellant herein, were found guilty as charged and the present appellant (2nd accused) was convicted alone of murder and sentenced to death. See (pp 100-47) of the record. Here the learned Judge of the High Court Edigun J, on P.145 held. "The offence of murder having been proved against the 1st and 2nd accused persons beyond reasonable doubt, I hereby find the 1st and 2nd accused persons guilty as charged of the offence of murder as stated in count 2. I convict the 2nd accused person accordingly. Section 16 of the children and young persons law states that the words "convicted" and "sentence" shall not be used in relation to a child or young person so I can only enter a verdict of guilty for the 1st accused which I have already done above". Dissatisfied with the judgment of the trial High Court the appellant has unsuccessfully appealed to the court of appeal Benin Division. After serious arguments and submissions by both counsel on behalf of the defence and prosecution in the court below and after considering all the issues raised, the court below dismissed the appeal. The court below in a unanimous decision dismissed the appeal before it and affirmed the decision of the trial High Court. Nonetheless, the appellant being aggrieved by the above decision of the court below filed an appeal to this court and filed a Notice of Appeal containing three (3) grounds of appeal.