HABEEB ADEWALE OLUMUYIWA ABIRU, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Owerri Judicial Division, delivered on the 19th of January, 2018 in Appeal No CA/OW/42c/14. The Appellant was arraigned before the High Court of Imo State on a one count charge of murder punishable under Section 319 of the Criminal Code. The Appellant was alleged to have, on the 22nd day of November, 2007 at Umuelemai Junction in lsiala Mbano District of Imo State, murdered one Angus lwueze by stabbing him with a broken bottle.
The Appellant pleaded Not Guilty. The matter proceeded to trial and in the course of which the Respondent called eight witnesses in proof of the case against the Appellant and these included three eye witnesses, two Investigating Police Officers and a medical examiner. One of the Investigating Police Officers tendered two extra judicial statements made by the Appellant on the 24th of November, 2007 and on the 27th o…