AKALONU
V.
STATE

(2002) JELR 44650 (SC)

Supreme Court · SC.162/2000 · 14 Jun 2002 · Nigeria
·

Other Citations

AKALONU V. STATE (2002) 6 S.C. (PART II) 107

CORAM

IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellant

p.w.4

p.w.1

court of appeal

evidence

witnesses

prosecution

issues

learned trial judge

reasonable doubt

high court

trial

evidence act

exhibits c

motor cycle

accused person

case of the prosecution

facts of the case

leading judgment

such evidence

above issues

addresses of counsel

a. i. iguh

clear various lingering doubts

close of the case

cross-examination

dead body

decision of the trial high court

e. o. ayoola

fatal stab wound

following issues

i. l. kutigi

interest of justice

issue of a third party

issue of their extra judicial statements

judgment of the court of appeal

judgment of the trial high court

lower courts

mere fact

murder trial

own defence

police officer

prosecution witnesses

reception of their evidence

reserved judgment

star eye witnesses

statements of the appellant

s. u. onu

true facts of the case

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant was at the High Court holden at Owerri charged with the offence of murder of one Edmon Uzoma contrary to Section 319 of the Criminal Code. He pleaded not guilty to the charge.

At the trial, the prosecution called a total of five witnesses two of which were star eye witnesses. The appellant also testified in his own defence. He called no witnesses. At the close of the case for the prosecution and the defence, and after addresses of counsel, the learned trial Judge carefully examined the evidence on both sides and came to the conclusion that the offence against the appellant was proved beyond reasonable doubt. He therefore found the appellant guilty and sentenced him to death.

Aggrieved by the decision of the trial High Court the appellant appealed to the Court of Appeal holden at Port-Harcourt. In a reserved judgment the Court of Appeal after consideration of all the issues submitted to it for resolution, unanimously…