(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
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
court of appeal
learned trial judge
reasonable doubt
high court
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
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…

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