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AKALEZI
V.
STATE

(1993) JELR 43263 (SC)

Supreme Court 5 Feb 1993 Nigeria
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- The appellant was convicted of murder under Section 319(1) of the Criminal Code (Eastern Nigeria, 1963) for stabbing the deceased, Innocent Ohaka, with a pen-knife after a quarrel and physical altercation following an alleged amorous adva

Case Details

Suit Number:SC.88/1992
Judges:SAIDU KAWU Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SHEHU USMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:C.A.B. Akparanta For Appellant J.C. Duru, Assistant Director of Public Prosecutions, Ministry of Justice, Imo State For Respondent
Other Citations:Akalezi . State (1993) 2 NWLR (Pt.273)1 (1993) 2 SCNJ 19 (1993) 24 N.S.C.C (Pt I) 188

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was charged on an information in the Aboh-Mbaise Judicial Division of the High Court of Imo State with the offence of murder contrary to Section 319(1) of the Criminal Code, Cap, 30, Vol. II Laws of Eastern Nigeria, 1963. The particulars of the offence were that on 1st January, 1981 along Chokoneze/Akpodim Road in Ezinihitte Mbaise, the accused/appellant murdered Innocent Ohaka. The appellant pleaded not guilty to the charge after it was read over in English and explained to him fully in Igbo language and he appeared to have perfectly understood the charge. Seven witnesses testified for the prosecution. The accused/appellant gave evidence in his own defence but called no witness. At the close of the trial and the address by counsel for the appellant and the respondent, the learned trial Judge in a reserved judgment found the accused guilty as charged and sentenced him to death. He was not satisfied with his conviction a…

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