(2011) JELR 49263 (CA)    

Court of Appeal  ·  CA/PH/326A/2007 (CON) ·  24 Mar 2011 ·  Nigeria
ABUBAKAR JEGA ABDUL-KADIR Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st appellant
learned trial judge
2nd appellant
algon jeep
check point
mobile policemen
circumstances of this case
trial court
tainted witness
criminal code
evidence of dw
accused person
grounds of appeal
inspector sunday uwadiegwu
pieces of evidence
2nd accused
accused persons
reasonable doubt
finding of the learned trial judge
imo state
criminal code cap
different briefs
evidence of dw1
evidence of the dw
laws of eastern nigeria
police officers
record shows
5th accused persons
better picture of the facts of this case
conclusion of the trial
contradictory evidence of d.w1
counsel of his choice
criminal charge
evidence of dw3 cpt
evidence of the prosecution witnesses
findings of pw3
high court
judgment of the high court of imo state
own defence
respect of the 1st appellant
said statement
such contradiction

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State holden at Orlu presided over by Hon. Justice B. A. Njemanze delivered on 15/5/06 wherein the three Appellants were convicted for murder and sentenced to death by hanging.

The facts which led to this appeal are as follows: The Appellants amongst others were jointly charged as follows:


Murder, Contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II - Laws of Eastern Nigeria 1963 as applicable to Imo State.


Inspector David Poli, Sgt. Lazarus Adiele, Cpl. Desmond Ononuju, Inspector Victor Chiaka, PC. Augustine Ochiaga, Inspector Sunday Uwadiegwu and Bonny Aikhadueki on the 15th day of August, 2002 along Orlu Road Junction by Mgbidi in Orlu Judicial Division murdered Christian Owerreoma.

At the trial, PW.2 - Boniface Ozumba gave evidence that on 15/8/2002 he was travelling in his Nissan Sunny Car with…

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