CaseLaw
Udoebre V. State (2001) CLR 6(o) (SC)
Judgement delivered on June 1st 2001
Brief
Facts
Sometime on 3rd April, 1990, at the Ekoi Ikot Nyoho village, two children aged between 8 and 9 years respectively, testified herein as PW1 and PW3 that while playing in their compound with other children, saw the 1st appellant in the company of seven other persons, pushing a wheel barrow containing afresh headless human being towards the direction of the forest. The headless body had its dress on and intact. PWI and PW3 ran inside their house and alerted their mother, PW2 who in turn ran out. On getting close to the said eight men, she saw the headless body in the wheel barrow and recognised it as that of her brother, Ndarake Matthew Ndueso, now deceased. She fainted but was able to run to the bush where she lay unconscious till the next morning. She testified that she saw eight persons, including the 4th accused person pushing the wheel barrow on that fateful day, 3/4/90.
All the appellants and the other accused persons in their evidence flatly denied the charge. It was common ground that there was no eye witness to the murder who testified at the trial, consequently the convictions of the appellants were predicated solely on the evidence of PW1, PW2, PW3, including the testimonies of the two investigating Police Officers, who respectively testified as PW4 and PW5.
The learned trial Judge convicted the appellants for murder and accordingly, sentenced them to death. The 4th accused was discharged and acquitted.
Appellants appealed unsuccessfully to the Court of appeal.
Appellants further appealed to the Supreme Court.