(2004) JELR 45036 (SC)    

Supreme Court  ·  SC.231/2002 ·  25 Jun 2004 ·  Nigeria
Other Citations
Amala v. State (2004) 12 NWLR (Pt.888)520 (2004) 18 NSCQR 834
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
learned trial judge
accused persons
criminal procedure act
defences of self-defence
5th day of march
criminal code
reasonable doubt
circumstantial evidence
direct evidence
land dispute
plea of the accused persons
plea of the appellant
provisions of sections
2nd appellant
circumstances of this trial
due consideration of the evidence
following cases
house of christopher nwamuo
majority judgment
offence of murder
printed record
acquitted accused person
appellant shouting
attorney-general of abia state
confessional testimony of an accused person
considered judgment
court finds
criminal cases
established principle
evidence of the arrest of the appellant
failure of the learned trial judge
following issues
give rise
home of the appellant
imo onuoha p.w.3
leading judgment
majority decision of the court
mandatory provisions
murder of the deceased nwaosuagwu ojo
orders of the trial court
part of her evidence
respect of the 1st issue
said christopher nwamuo
second time
whereabouts of the appellant

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): By this appeal, the appellant, Sunday Amala is seeking to set aside the majority judgment recorded against him by the court below per Ikongbeh and Ogebe (JJCA) wherein his conviction for the offence of murder by the trial court was affirmed. His trial and conviction arose upon an information filed by the Attorney-General of Abia State that the appellant and Ngozi Onyenso on the 5th day of March, 1992 at Ntigha Nvosi, in Isiala Ngwa Judicial Division murdered one Nwa Nwaosuagwu Ojo.

At the trial, the learned trial Judge having considered the evidence, delivered a considered judgment in which he concluded that the two accused persons were guilty of the offence of murder, convicted each of them and passed the sentence of death on each of them. As they were both dissatisfied with the judgment and orders of the trial court, each of them appealed to the court below. That court after due consideration of the evidence on record and the subm…

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