ASSAH
V.
STATE

(2015) JELR 44012 (CA)    

Court of Appeal  ·  CA/B/290C/2009 ·  15 Jul 2015 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
counsel
evidence
reasonable doubt
learned trial judge
wife of the deceased
evidence act
cross examination
adekunle v state
exh c
trial court
trial judge
accused person
case of murder
exh d
material time
circumstance of this case
delta state
ekiti state police command
evidence of the witnesses
judgment of the trial court
last person
own defence
p.w.1 bose iretegbe
p.w.3 patrick akpomreta
state v emine
act of the appellant
ammunitions shows
clear evidence
count charge
deceased named christopher ojeabulu
end of the trial
exh d. counsel
failure of the prosecution
high court no.1 ughelli
laws of the defunct bendel state of nigeria
mortem report
namsoh v state
night duty
p.w.2 joseph ekomaye
said sergeant
s.c
suppression of evidence
team of lawyers
woman police constable

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice F.O. Ohwo delivered on the 22/7/09 at High Court No.1 Ughelli, Delta State, wherein the Appellant was convicted for the murder of one Christopher Ojeabulu and sentenced to death by hanging. The facts that led to this are as follows:

The Appellant was arraigned before the Court on a one count charge, to wit:

STATEMENT OF OFFENCE

Murder punishable under Section 319(1) of the Criminal Code Cap. 48, Volume II Laws of the defunct Bendel State of Nigeria, 1976.

PARTICULARS OF OFFENCE

Michael Assah (m) on the 18th day of August, 2002 at Ughelli, within the Ughelli Judicial Division, murdered one Christopher Ojeabulu (m).

The Appellant pleaded not guilty to the charge read. To prove its case, the prosecution called three witnesses. P.W.1 Bose Iretegbe is a woman police constable serving in the same division as the Appellant, who was on night duty the night the decease…

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