Posted by By Kio Nimengoka on
A law student of the University of Science and technology, Port Harcourt, Miss Vivian Odogwu who has been incarcerated in the last three years for allegedly killing her former lover, Barrister Iyobu Nemieboka will know her fate on February 7, 2005.
A law student of the University of Science and technology, Port Harcourt, Miss Vivian Odogwu who has been incarcerated in the last three years for allegedly killing her former lover, Barrister Iyobu Nemieboka will know her fate on February 7, 2005.
Justice Daisy Okocha dropped the hint at the end of submissions by legal representatives in the legal case Thursday.
Barrister Frank Owhor representing the defence and Rufus Godwins, prosecutor and DPP had addressed the crowded courtroom, relying on legal authorities to back their plea.
In his submission, Barrister Godwins conceded that his predecessor, Mrs O.I. Okoye filed the information in respect of the matter under section 319 of the Criminal Code of the Laws of Eastern Nigeria, but said that in his earlier address he had relied on section 319(1) of the law as applicable to Rivers State as at July 31, 2001 when the offence was committed.
Godwins also conceded that there is no section 319 of the Criminal Code under which the information was filed and contended that there exists in the knowledge of the law section 319(1).
The DPP submitted that at all material time of the proceedings, there exist the offence of murder even though the statement of offence was led under section 319 instead of section 319(1), insisting that such an error goes to no substance whatsoever to the competence of the indictment and judgment.
Godwins argued that the court can indict irrespective of the fact that it was led under a wrong law provided there is a law enforce that deals with the offence in question.
Barrister Owhor, defence counsel argued that the entire trial of the offence was on section 319 of the Criminal Code of the Eastern laws of Nigeria as applicable to Rivers State..
This being the case, can the court convict on any kind of offence on non-existing law, Barrister Owhor queried and submitted that the court cannot.
Owhor who is a former Attorney-General of the state also argued that the error envisaged in section 166 of the Criminal Procedure Law cap 38 was an error arising from existing law and urged the court to discountenance the entire submission of the prosecution.