NWALI SYLVESTER NGWUTA, J.S.C (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 2nd J…