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…

EHIKWE V. STATE

EHIKWE
V.
STATE