An Afikpo High Court in Ebonyi State presided over by Justice I . P Chima, has convicted six persons to Two years imprisonment for offenses ranging from conspiracy and malicious damage .
The convicts were found guilty on a Six-Count Charge of criminal offenses in a suit Charge No HAF/12C/2019 filed by the State against the defendants.
The defendants included Uche Daniel Udoka (male) , Uche Nicolas Ogbonnia (male), Ogbonnia Uche Kelechi ( male), Eluu Uche Alphonsus ( male), John Oko Uche (male) , Uche Emmanuel Ezeali ( male), respectively.
The Charge was filed on 8th Day of October 2019 by the State and reads as follows, “At the session Holden at Afikpo, the court is informed by the Attorney General on behalf of the State that the accused are charged for felony, intimidation, assault, malicious damage and stealing”
“Uche Daniel Udoka, Uche Nicolas Ogbonnia, Ogbonnia Uche Kelechi, Eluu U he Alphonsus, John Oko Uche, Uche Emmanuel Ezeali on the 20th Day of March 2019, at Ezi Egwu Ubam Ugwuegu Afikpo intimidated one Augustine Ukpai and her family with offensive weapons.”
That the accused assaulted one Augustine Ukpai by hitting her with a plank with nails on her left hand which caused him injury.
In his submission, Counsel to the prosecution who doubles as Deputy Director Ministry of Justice Barrister Jonathan Nwaonumah argued that the defendants committed the crime.
He submitted that the court agreed with him in his submissions in Count One and Count Five .
In his submission, the Counsel to the defendant Barrister Samuel Egwu Ohia, urged the court to tamper justice with mercy and sentence the defendants lightly as they are first offenders and bread winners of their families.
Delivering judgement on the matter, the presiding Justice I P. Chima, ruled that the defendants being first offenders, each of the defendants, be and is hereby sentenced to twelve (12) months in prison for the offense of conspiracy and twelve (12) months in prison for the offense of malicious damage .
The Court held that “it is consequently the views of this court that the prosecution successfully proved the offense of conspiracy against the defendants .
“It is consequently the finding of this court that the prosecution successfully proved against all the defendants the offended of conspiracy to commit felony contrary to Section 516 A (a) of the Criminal Code Cap. 33 Vol 1 Laws of Ebonyi State of Nigeria 2009
“It is further order of this court that the terms of imprisonment are to run concurrently for all the defendants , that means that each of the six (6) defendants is to spend a total of twelve (12) months in prison (Correctional Center) or pay a total sum of Forty Thousand Naira (N40,000) each in lieu of imprisonment.
Accordingly, subsequent upon the credible and convincing evidence adduced by the prosecution against all the defendants, I find you Uche Daniel Udoka, Uche Nicolas Ogbonnia, Ogbonnia Uche Kelechi, Eluu Uche Alphonsus, John Oko Uche, and Uche Emmanuel Ezeali, guilty of the offenses of conspiracy and malicious damage of the property of Christiana Oko Obila.
‘Section 516 A (a) of the Criminal Code ( supra) provides that “Any person found guilty of the offense of conspiracy is liable to imprisonment for seven years or if the greatest punishment for which a person convicted of the felony in question is liable is less than imprisonment for seven years then lesser imprisonment”
“While Section 451 of the Criminal Code (supra) provides that’s: Any person who willfully and unlawfully destroys or damage any property is guilty of an offense, which, unless otherwise stated is a misdemeanor, and he is liable, if no other punishment is provided for imprisonment for two years”
Meanwhile a Group known as “Ubam Development Union in Afikpo North Local Government Area of Ebonyi State has filed a petition to the State Commissioner For Education Dr Onyebuchi Chima, seeking the termination of the appointment of one of the convicts Mr Uche Daniel Udoka from the services of the Ebobyi State Secondary Education Board.
In a petition signed by the Chairman Chief Charles Uchendu and Secretary Mr Chukwu Otu Umeh, titled “Re-Uche Daniel Udoka, A Criminal in the Service of Ebonyi State Secondary Education Board, the Group reiterated that their petition was in solidarity with the judgement of the High Court that found the accused guilty and subsequent imprisonment.
