LawPavilion Online


Back

ADIELE NDUBUISI v. THE STATE

(2018) LPELR-44908(SC)

In The Supreme Court of Nigeria

On Friday, the 6th day of July, 2018

SC.488/2015


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

ADIELE NDUBUISI - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the Court of Appeal, upholding the decision of the Abia State High Court.

The Appellant is one of the "Bakassi Boys" leaders and members of the Abia State Vigilante Group known as Bakassi. On 9 July, 1999, the Appellant and three other Bakassi Boys, namely, Ezeji Oguikpe, Emmanuel Eze and Stanley Azogu, were invited from Aba, where the said Group is based, to Government House, Umuahia by Ndukwe Okereke, a State Security Service Official. At the Government House, they met the then Secretary to the State Government. Dr. Elekwachi Nwaogbo, who instructed the S.S.S. official, Ndukwe Okereke, to take the Bakassi Boys to the Safari Restaurant at Umuahia, where they confronted the people they met there with dangerous weapons, including cutlasses, knives and guns. In the process, they killed Chukudozie Nwachukwu and Okechukwu Maduekwe, the former being a degree holder (B.SC) in Zoology and an Operational Manager of Uncle James Sea Food, in Lagos. The second deceased person was a Spy Sergeant, who had gone to the Restaurant with his younger brother, Solomon Maduekwe [PW3] to collect the drinks earlier ordered by their elder brother, for their sister's traditional wedding. The appellant and other Bakassi Boys killed the deceased persons, after accusing them of being armed robbers. Their mutilated bodies were dragged to the main road, where their remains were set ablaze by the said Bakassi Boys.

The Abia State High Court found the Appellant guilty of the offence of murder, convicted and sentenced him to death accordingly. The Court of Appeal was also convinced, after reviewing the evidence, that he was guilty of the offence of murder and affirmed the trial Court's decision. Appellant appealed to the Supreme Court.

ISSUES:
The issue for determination is:
"Whether the Appellant was rightly convicted for murder or not?"

DECISION/HELD:
In conclusion, the appeal was dismissed.


Read Full Judgment