TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This judgment is in respect of the appeal lodged by the appellant against the decision of Abia State High Court sitting at Uzuakoli in respect of Suit HUZ/1C/2011. The State v. Endurance Alison delivered on 18/12/2014
The appellant was the accused at the lower Court. The charge against the accused at the lower Court read thus:
BETWEEN
THE STATE - COMPLAINANT
Vs
ENDURANCE ALISON - ACCUSED
DATED THE ---------------- DAY OF ------------- 2011
STATEMENT OF OFFENCE
MURDER, contrary to Section 319(1) of the Criminal Code Cap 30 Vol. 11, Laws of Eastern Nigeria 1963 applicable in Abia State of Nigeria.
PARTICULARS OF OFFENCE
ENDURANCE ALLISON, on the 22nd day of August, 2010 at Aro Quarters, Uzuakoli, Bende Local Government Area of Abia State in the Uzuakoli Judicial Division murdered UGOCHUKWU ANIHE.
The charge was read to the accused who pleaded not guilty. The prosecution called witnesses and the accused later gave evidence in his own…