(2006) JELR 45951 (SC)    

Supreme Court  ·  SC.242/2005 ·  7 Jul 2006 ·  Nigeria
Other Citations
Ben v. State (2006) 16 NWLR (Pt.1006) 582
Ben v. State (2006) 16 NWLR (Pt. 1006) 582
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Core Terms Beta
cause of death
medical evidence
court of appeal
instant case
learned trial judge
inter alia
trial court
icheku stick
ndukwe iroanya
concurrent findings of fact
deceased ndukwe iroanya
imo state
murder case
second time
leading judgment
offence of murder
preliminary objection
said conviction
trial of medical evidence
30th day of june
act of the accused person
act of the accused person inspite of the absence
attorney-general of bendel state
close of the case
evidence of p.w.1
facts of the case
following appear
judgment of court of appeal
laws of eastern nigeria
long icheku stick
main eye-witness
main issue
port harcourt division of that court
present appeal
prosecution s case of other evidence
respective brief of argument
respect of the said issue no.2
result of the attack
said appellant
said judgment
see auto import export v
umuahia high court

AKINTAN, J.S.C. (Delivering the Leading Judgment): The appellant, Emmanuel Ben, was arraigned before Umuahia High Court in Imo State on an information by which he was charged with the offence of murder, contrary to section 319(1) of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963 applicable to Imo State. The particulars of the offence are that the said appellant, on the 30th day of June, 1986 at Amawom Oboro Ikwuano in the Umuahia Judicial Division murdered one Ndukwe Iroanya. The appellant pleaded not guilty to the charge and the trial took place before Maranzu, J. Six witnesses testified for the prosecution. At the close of the prosecution's case, the appellant gave evidence in his defence and closed his case.

At the close of the case for the defence, and after accepting written addresses from both counsel in the case, the learned trial Judge delivered his reserved judgment in the case on 6th June, 1989. The learned trial Judge held in his said judgment that the prosecutio…

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