AZU
V.
STATE

(1993) JELR 50549 (SC)    

Supreme Court  ·  SC.131/1992 ·  15 Jul 1993 ·  Nigeria
 · 
Other Citations
Azu v. State (1993) NWLR (Pt.299) 303 (1993) 7 SCNJ 151
Kalu v. State (1991) 6 NWLR (Pt. 300) 385
Azu v. State (1993) 6 NWLR (Pt. 299) 303
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
evidence
p.w.1
p.w.6
cause of death
medical evidence
learned trial judge
p.w.8
court of appeal
trial
issues
medical practitioner
brother ogundare
cross-examination
evidence law cap
exhibit d
meaning of section
members of the deceased
reasonable doubt
self-defence
witnesses
appellant hit
decision of the trial court
defence of provocation
director of public prosecutions
evidence act
evidence of this witness
expert opinion
expert witness
learned acting director
material contradictions
such evidence
abia state
accused used exhibit d
appellant of the murder of ude agwu
close of the defence
evidence of the p.w.5
high court of imo state
inspector general of police
leading judgment
learned counsel
learned justice of the court of appeal
own defence
proceedings of this nature
p.w.4 patience ewa
reserved judgment
said witnesses
see ogwu v
statements of the prosecution witnesses
sufficient evidence of special skill

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The appellant stood trial before the High Court of Imo State in the Afikpo Judicial Division for the murder of one Ude Agwu. He pleaded not guilty to the charge. At the trial the prosecution called eight witnesses and closed its case. The appellant testified in his own defence and called a witness. At the close of the defence and after addresses by learned counsel for both the defence and the prosecution, the learned trial Judge in a reserved judgment found the charge proved and convicted the appellant of the murder of Ude Agwu. He was sentenced to death by hanging.

Dissatisfied with this judgment the appellant appealed to the Court of Appeal (Port Harcourt Division). That Court dismissed the appeal. He has now further appealed to this court upon four grounds of appeal which, without their particulars, read as follows:-

"(A) The Court of Appeal erred in law when it affirmed the decision of the trial court which convicted and sentenc…

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