ANEKWE
V.
STATE

(2014) JELR 39863 (SC)

Supreme Court · SC.105/2011 · 9 May 2014 · Nigeria
·

Other Citations

Anekwe v. State (2014) 10 NWLR (Pt. 1415) 353

CORAM

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria

Core Terms ^Beta

court

pw5

evidence of pw5

trial court

accused persons

court of appeal

reasonable doubt

scene of crime

torch light

judgment of the trial court

7th accused

death of the deceased

inter alia

learned counsel

lone issue

lower court

testimony of pw5

learned trial judge

lower courts

trial

circumstantial evidence

leading judgment

main issue

single issue

anambra state

basis of the evidence of pw5

cross-examination

evidence of dw8

evidence of the pw5

eye-witness account of the incident

laws of anambra state of nigeria

no-case submission

act of the appellant

benefit of doubt

confessional statement

credibility raise

evidence of an eye-witness

evidence of foot prints

facts of this case

guilt of an accused person

high court of anambra state

learned prosecuting counsel

oath of iyi ani

police officers

proof of the charge

said judgment

said judgment of the court

see nkebisi

sworn testimony of the pw

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): The original information filed on 28th November, 1994 contained one count charging the appellant and five others with murder contrary to Section 274 (1) of the Criminal Code Cap 36 Vol. 1 Laws of Anambra State of Nigeria, 1986.

On 6th March, 1995 the learned prosecuting Counsel applied for, and was granted, leave to regularize the amended information filed the same day. The amended information also had one count of murder against the appellant and six others.

On 13/3/95, the appellant and each of his six co-accused persons pleaded not guilty to the charge.

Trial commenced before Ezeani, J of the High Court of Anambra State, sitting at Otuocha, Anambra State, on 16/3/95. The State called eleven witnesses and rested its case on 29/2/96. Learned Counsel for all the accused persons made a no-case submission on 4th March 1996 which was over-ruled by the learned trial Judge on 18th April, 1996.

The defence opened its case on …

ANEKWE V. STATE

ANEKWE
V.
STATE