PETER-ODILI JSC (Delivering the Lead Judgment): This is anappealagainst the judgment ofthe Court ofAppealdelivered on16 November 2004 upholdingthe conviction and sentence passed on the appellant for the offence of murder contrary to section 316(1) and punishable under section 319(1) of the Criminal Code, Cap. 30, Vol. 2, Laws of Eastern Nigeria, 1963.
Facts:
The appellant was tried in the High Court of Enugu State in the Enugu Judicial Division holden at Enugu for the offence of murder contrary to section 316(1) and punishable under section 319(1) of the Criminal Code Law, Cap. 30, Volume 2,Laws of Eastern Nigeria,1963. From the particulars of offence, the appellant was alleged to have murdered one Dorothy Ibekwe, a 15 year old secondary school girl on or about 5 March 1983 at Ugbo Edem Nike in the Enugu Judicial Division. The said Dorothy had been raped and murdered.
On 3 July 1984, the charge was read and explained and the appellant pleaded not guilty. The prosecution called 8 wit…