What Does a Witness Have to do in Order to be Seen as Witness of Truth?

CASE TITLE: OPARA v. STATE (2025) LPELR- 82393(CA)

JUDGMENT DATE: 4TH AUGUST, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: NTONG FESTUS NTONG, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of murder.

FACTS:

This appeal is against the judgment of the High Court of Imo State sitting in Owerri, Imo State of Nigeria Coram Hon. Justice E. F. Njemanze on 25/9/2020.

The summary of the case is that, at the trial Court, the Appellant and three (3) other Accused persons were arraigned on a Charge of Murder contrary to Section 319(1) of the Criminal Code Cap 30 Vol. II, Laws of Eastern Nigeria, 1963 applicable in Imo State. They were alleged to have murdered one Chinonso Onyejiaka on or about the 23/2/2016 at Oparanozie Street, Owerri in Imo State. The Accused persons pleaded not guilty to the Charge and the Prosecution without much ado, opened its case and called 2 witnesses including the Investigation Police Officer who testified as PW2. At the close of its case, the three (3) Accused persons took turns to adduce evidence without calling any other witness.

It is the case of the Appellant that Written Addresses were ordered by the Court and upon adoption, the trial Court found that the Appellant and three (3) others were guilty of the offence of murder and were sentenced to death. The Appellant, dissatisfied with the judgment, lodged the instant appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on this sole issue, thus:

“Whether the Prosecution at the trial Court proved its case beyond reasonable doubt or not, to warrant the Appellant’s conviction and sentence for the offence of murder by the trial Court”

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:

●      CRIMINAL LAW AND PROCEDURE- OFFENCE OF MURDER/MANSLAUGHTER: Whether a charge of unlawful possession of firearms must be brought before an Accused person can be convicted for the offence of murder

●      CRIMINAL LAW AND PROCEDURE- COMMON INTENTION: The doctrine of common intention in the commission of an offence

●      CRIMINAL LAW AND PROCEDURE- OFFENCE OF MURDER/MANSLAUGHTER: Statutory definition and punishment for the offence of murder        

●      EVIDENCE- EVIDENCE OF AN EYE WITNESS: Whether the evidence of an investigating police officer (IPO) who investigated the commission of crime he witnessed is admissible

●      EVIDENCE- WITNESS(ES): What does a witness have to do in order to be seen as witness of truth 

●      EVIDENCE- EXPERT OPINION/EVIDENCE: When evidence of a ballistic expert will be unnecessary in a criminal charge

●      EVIDENCE- CONFESSIONAL STATEMENT: Conditions to be satisfied before a confession can be used in convicting an accused person

●      EVIDENCE- CONFESSIONAL STATEMENT: Whether a court can convict solely on the confessional statement of an accused person    

●      EVIDENCE- EVIDENCE OF CO-ACCUSED PERSON: Need for corroboration before conviction on the evidence of a co-accused

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