ANYAELE & ANOR.
V.
THE STATE

(1973) JELR 40014 (SC)    

Supreme Court  ·  SC.299/1971 ·  23 Feb 1973 ·  Nigeria
 · 
Other Citations
Anaele v. State(1973) 2 S.C. 68
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
appellants
evidence
case
accused persons
samuel alagor
3rd p.w.
alibi
witnesses
23rd june
police
persons
1st appellant
1st p.w.
identification parade
prosecution
2nd appellant
death of samuel alagor
dr. onuogu
joseph chibuko
trial
2nd accused
3rd prosecution witnesses
accused person
3rd p.w. trust-worthy
4th p.w. inspector benedict onyia
5th accused
alibi of the appellants
arguments of counsel
circumstantial evidence
common sense
course of his judgment
cross-examination
dr. daniel onuogo
evidence of the 1st p.w. alagor okpara
eye-witnesses of the events
g. b. a. coker
identification of the appellants
leading judgment
long time
murder cases
name francis anaebo
names of the 1st accused
police constable
present appellants
probative value of the testimony of these prosecution witnesses
prosecution witnesses
respect of others of the accused persons
testimony of 1st p.w.
view of the fact

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The two appellants were two out of six persons charged with, and tried of, the murder of one Samuel Alagor. The Information alleges that on 23rd June, 1970 at Ezira Orumba in the Onitsha Judicial Division, they murdered Samuel Alagor. At their trial, five witnesses gave evidence for the prosecution, two of them being eye-witnesses of the events that led to the death of Samuel Alagor. One of the witnesses was Alagor Okpara the father of Samuel and the present appellants were the 2nd and 4th accused persons respectively. Alagor Okpara saw the accused persons when about noon on the day of the murder they came with others to his house and forcibly removed his son and took him away. The witness testified that he even spoke to the 2nd appellant and asked him why he was perspiring so profusely. As for the 1st appellant, the witness said he spoke to him and he replied then that they had come to fetch Samuel as "all those that joined th…

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