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 …

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