Can the Court Convict for Murder in the Absence of a Corpus Delicti (Dead Body)?

CASE TITLE: AHUCHAOGU v. STATE (2024) LPELR-62194(SC)

JUDGMENT DATE: 8TH MARCH, 2024

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ADAMU JAURO, J.S.C.

SUMMARY OF JUDGMENT: 

INTRODUCTION:

This appeal borders on the offences of conspiracy, kidnapping, murder and robbery.

FACTS:

The appeal is against the judgment of the Court of Appeal, Owerri Division, in appeal no. CA/OW/275/2012, delivered on April 7, 2017.

The prosecution’s case at the trial Court was that on July 28, 2008, the victim (Mr. Francis Ajayi) left his home for his place of work at the Forest Research Institute, Umudike, in Umuahia, Abia State, and never returned home to his family till date. He informed PW4 that he was going to stay at his place in Umuahia between the close of work and the start of a church programme. Mr. Francis Ajayi’s wife (PW2) was contacted on the phone by an unknown caller who claimed to have kidnapped her husband and robbed him of his Opel Omega car, laptop, phone, and other valuables. The kidnapper consistently called with both the victim’s phone number and another phone number and demanded from the victim’s wife telephone recharge cards and money at different times as ransom for the victim’s release. The kidnapper called and sent text messages to threaten the victim’s wife that he was going to kill the victim, if the victim’s wife failed to comply with their demands. With the combined effort of the police and officers of the State Security Service (SSS), the Appellant was apprehended in the banking hall while attempting to withdraw the third ransom paid to him by the victim’s wife (PW2).

At the trial, the prosecution called four (4) witnesses and tendered 8 exhibits, while the Appellant testified for himself and called no witness.

After the hearing and conclusion of the trial, the learned trial judge on the 22nd day of November, 2010 found the Appellant guilty of the four-count charge, and the Appellant was subsequently convicted and sentenced. His appeal to the Court of Appeal failed, hence this further appeal to the Supreme Court.

ISSUES FOR DETERMINATION:

The appeal was determined on the following issues:

“1. Whether the decision of the Court of Appeal affirming the Appellant’s conviction based on the alleged voice recognition, is altogether perverse and has occasioned a grave miscarriage of justice?

2. Whether the offences charged in this case were proved beyond reasonable doubt by the Respondent as required by law to warrant the affirmation of the decision of the trial Court?

3. Whether the circumstantial evidence in this case is cogent, positive, conclusive, complete, unequivocal and convincingly accurate as to irresistibly point to no other than the guilt of the accused?

4. Whether the doctrine of last seen is applicable in this case?”

DECISION/HELD:

The appeal was unanimously dismissed. The judgment of the Court of Appeal, Owerri Division affirming the conviction and various sentences imposed on the Appellant by the trial Court, were further affirmed.

RATIOS:

• APPEAL- UNAPPEALED FINDING(S)/DECISION(S): Effect of unappealed finding(s)/decision(s) of court
• APPEAL- INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S): Attitude of the Supreme Court to interfere with concurrent finding(s) of fact(s) of Lower Courts
• CRIMINAL LAW AND PROCEDURE- IDENTIFICATION PARADE: Circumstances where identification parade will be useful and necessary
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF KIDNAPPING: Statutory provisions on the offence of kidnapping; Ingredients of the offence
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF MURDER: Whether the Court can convict for murder in the absence of a corpus delicti (dead body)
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ARMED ROBBERY: Meaning and ingredients of the offence of armed robbery
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Nature of the offence of conspiracy
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF MURDER: Ingredients of the offence of murder; Ways of proving the offence of murder
• EVIDENCE- IDENTIFICATION EVIDENCE: Meaning and nature of identification in a criminal trial; forms of identification evidence
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proving the guilt of an accused person
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: Meaning/nature of proof beyond reasonable doubt
• EVIDENCE- DOCTRINE OF LAST SEEN: Position of the law as regards the doctrine of last seen and its application
• EVIDENCE- CIRCUMSTANTIAL EVIDENCE: Meaning and nature of circumstantial evidence; whether Court can convict an accused based on circumstantial evidence

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