MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Imo State, Owerri Division dated 13th May, 2013.
The Appellant and seven other accused persons were convicted on two counts charge of conspiracy and murder by C.M.I Egole J.
The Appellant was charged alongside eight accused persons for the offences of conspiracy and murder contrary to Section 516 A and 319 of the Criminal Code Cap. 30 Vol. 11, Laws of Eastern Nigeria 1963 as (amended) applicable to Imo State of Nigeria.
The case of the prosecution in relation to the Appellant is that he was one of those that the PW1 mentioned as the killer of the deceased, his late father Nze Dominic Duru. The Appellant who was the 9th accused alongside with the 1st, 2nd, 4th and 8th accused persons did not give any evidence in defence of the charge against him.
Each of the 1st, 2nd, 4th, 6th, 8th and 9th accused (the Appellant) exercised his constitutional right to remain silent. The…