An Anambra State High Court sitting in the Ogidi Judicial Division has sentenced Chibuike Joseph to life imprisonment for grievously injuring a man during a 2017 altercation in Nkpor.
The court, presided over by Justice Olisaemeka Okuma, however, acquitted Joseph of the charge of murder, ruling that the prosecution failed to establish beyond reasonable doubt that the injuries inflicted by him directly caused the victim’s death.
Joseph was tried on a two-count charge of murder and grievous harm under Sections 274(1) and 288(a) of the Criminal Code, Cap. 36, Vol. II, Laws of Anambra State, 1991.
According to the prosecution, the incident occurred on June 7, 2017, along Limca Road, Nkpor, following an argument over N500.
The prosecution alleged that Joseph armed himself with a broken bottle and stabbed the victim on the neck, shoulder and chest during the altercation.
The victim was initially rushed to Model Hospital, Nkpor, before being referred to New Mayor Hospital and Fertility Centre, Ogidi, where he died on June 14, 2017.
The trial was initially handled by Justice Pete Obiora but commenced afresh before Justice Okuma following the former judge’s elevation to the Court of Appeal.
During the proceedings, the prosecution, led by Mrs Millicent Ikeabunze, called two witnesses.
The deceased’s brother told the court that the victim identified Joseph as his attacker both during a telephone conversation and while receiving treatment at the hospital.
The Investigating Police Officer also tendered Joseph’s confessional statement, which was admitted in evidence without objection.
In the statement, Joseph reportedly admitted that he had threatened the deceased following an earlier disagreement and later stabbed him with a broken bottle during a fight.
The defendant acknowledged that a fight took place but relied on provocation as a defence and denied responsibility for the victim’s death.
Delivering judgment, Justice Okuma held that the prosecution did not provide sufficient medical evidence to establish a direct link between the stab wounds and the victim’s death.
The judge said the absence of adequate medical evidence created a break in the chain of causation required to sustain the murder charge.
Consequently, the court discharged and acquitted Joseph of murder.
However, Justice Okuma found that the prosecution had successfully proved the charge of grievous harm beyond reasonable doubt.
The court relied substantially on Joseph’s voluntary confessional statement, in which he admitted initiating the fight and stabbing the victim with a broken bottle.
Justice Okuma therefore convicted Joseph under Section 288(a) of the Criminal Code and sentenced him to life imprisonment for grievous harm.
