(2003) JELR 44874 (SC)    

Supreme Court  ·  SC.258/2001 ·  11 Apr 2003 ·  Nigeria
Other Citations
Ejeka v. State (2003) 7 NWLR (Pt.819)408 (2003) 4 S.C (Pt.I) 147 (2003) 4 S.C (Pt.I) 147
Ejeka v. State (2003) 7 NWLR (Pt. 819) 408
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
jack knife
learned trial judge
trial court
fair hearing
evidence of the witnesses
fourth issue
learned counsel
christopher ejiogu
facts of the case
fair hearing of his appeal
imo state high court
offence of murder
brief narrative
conclusion of the trial
counsel mr. i.a. adedipe
criminal code
determination of this appeal
d. o. edozie
evaluation of the evidence
extenuating circumstances
facts of this case
final appeal
following issues
judgment of the learned justice of the court
judgment of the learned trial judge
justice ogebe
leading judgment
learned justice
medical officer
opening of this judgment
prosecution fails
prosecution witnesses shows
question of proof of the prosecution
question of self-defence
result of the wound
see onajobi v
support of his grounds of appeal
support of issue
view of the material contradictions

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The appellant was arraigned before Nwogu, J. of Imo State High Court, sitting at Owerri, for the offence of murder, contrary to section 319 of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, applicable to Imo State. At the conclusion of the trial the learned trial Judge convicted the appellant and sentenced him to death.

The facts of the case are in the following brief narrative: On 28th April, 1984 at about 9.00p.m. four students, Christopher Ejiogu, Emmanuel Obiyor, Simon Ejiogu and Emmanuel Nnodi all of Federal Government College, Owerri were going to the stream to take bath. On their way they saw the appellant. He was going in the same direction. Christopher Ejiogu greeted him. The appellant did not respond. He continued on his way. A moment later he came back and rebuked the four students for not giving him his due respect by calling him "Nda" - Simon Ejiogu, who hereinafter shall be referred to as the deceased, pleaded…

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