EHIKWE
V.
STATE

(2018) JELR 38937 (CA)    

Court of Appeal  ·  CA/B/455C/2013 ·  14 Jun 2018 ·  Nigeria
CORAM
SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
evidence
learned trial judge
defence of alibi
tainted witness
accused persons
person
accused person
pw1
circumstantial evidence
evidence of the pw1
issues
1st accused
finding of the learned trial judge
trial court
such evidence
above set
appellants brief of argument
cross examination
delta state
evidence of the pw2
felix akaba amechi
friday ugbebor
judgment of the high court of delta state
laws of the defunct bendel state of nigeria
leading judgment
learned trial court
post-mortem examination
proper finding
said alibi
serious nature of the charge
2nd accused
absence of the evidence of the pw2
act of the accused person
concept of alibi
exhibit p11 shows
facts of this case
following authorities
hearsay evidence
lone evidence of the tainted witness
offence of conspiracy
own defence
prosecution witnesses
result of the act of the accused person
said judgment
trial of the case
various crimes
witnesses

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Owa Oyibu Judicial Division and delivered by Ogisi J., on the 11th day of March, 2011, wherein the Appellant and three others were convicted for the offence of conspiracy to commit murder and murder, and sentenced to death by hanging.

The Appellant as the 1st accused person was charged with three others on a two count information as follows:

STATEMENT OF OFFENCE: COUNT 1

Conspiracy to commit Murder punishable under Section 324 of the Criminal Code Cap 48 Vol. II Laws of the defunct Bendel State of Nigeria 1976 as applicable to Delta State.

PARTICULARS OF OFFENCE

JOHN ELUSA EHIKWE (M), ALEX MORKA (M), FELIX AKABA AMECHI (M) and FRIDAY UGBEBOR (M) on or about the 29th day of September, 2008 Owa-Ofie village in the Owa Oyibu Judicial Division conspired amongst yourself to commit felony to wit: murder.

STATEMENT OF OFFENCE: COUNT II

Murder punishable under…

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