ACHABUA
V.
THE STATE

(1976) JELR 39722 (SC)    

Supreme Court  ·  SC.144/75 ·  10 Dec 1976 ·  Nigeria
CORAM
GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
evidence
first accused
learned trial judge
supreme court
christopher egada
prosecution witnesses
pw1
search party
see am
1st accused
1st day of april
1st statement of the accused
3rd day of april
5th day of may
9th day of december
bajanfue beebo ikom
bajanfue village
charge no. hj
christopher night meet
confessional statements
criminal code
cross river state
cyprian ajime p.c. no.
deceased christopher egada
evidence of pw3
evidence of pw4
following findings
following morning
fresh grave
high court of south eastern state
house servant
james obi achabua
leading judgment
little variation
na land
offence of murder
oral confession
point of explanation
police officers
p.w.s
said amount
statement exhibit
statements exhibits
sudden disappearance
take am
village bush area

OBASEKI, AG. J.S.C. (Delivering the Leading Judgment).: We dismissed this appeal on the 9th day of December, 1976 and now, as notified by us, give our reasons.

The appellant was in Charge No. HJ/13C/74 tried for the offence of murder contrary to section 319 of the Criminal Code by the High Court of South Eastern State (now Cross River State) presided over by Ntia, J. found guilty and convicted on the 5th day of May, 1975.

The particulars of the offence given in the charge reads:

"James Obi Achabua and Peter Nkpe between the 3rd day of April, 1973 and 21st day of April, 1973 at Bajanfue Beebo Ikom in Ogoja Judicial Division did murder Christopher Egada".

Five witnesses were called by the prosecution while two testified for the defence and briefly the facts established by evidence before the learned trial judge are as follows:

Christopher Egada was a house servant to the appellant at Bajanfue village and had lived with him for about 2 years prior to his death. On or about 1st day of Apr…

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