(2018) JELR 39032 (CA)    

Court of Appeal  ·  CA/E/29C/2017 ·  25 May 2018 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
moses akpa nwafor
chief obaji ogwali
learned trial judge
magistrate court
accused persons
appellants counsel
high court
accused person
trial court
ikechukwu nwafor
constitution of the federal republic of nigeria
offence of murder
benue state
magistrates court
police report
chief obaji ogwale
oral evidence
proof of evidence
unlawful act
appellants brief
arguments of respondents counsel
company of others
count charge of murder
course of the trial
documentary exhibits
extra judicial statements of the appellant
facts of the case
following ingredients of murder
following question
given time
high court of ebonyi state
hon. justice b.a.n. ogbu
issue of the jurisdiction of the high court
judgment of the high court of ebonyi state
last people
laws of eastern nigeria
mrs. ngozi nwafor akpa
opinion of the learned trial judge
peculiar circumstances of this case
presumption of the death of moses akpa nwafor
proof of its case
pw1 peter eze
requisite jurisdiction
respondents brief
said moses nwafor
sufficient evaluation of the evidence
years presumption of death

HELEN MORONKEJI OGUNWUMIJU J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State, Abakaliki Judicial Division, delivered by Hon. Justice B.A.N. Ogbu on 24/06/16 wherein the learned trial judge convicted the Appellant for the offence of murder and sentenced him to death by hanging.

The Appellant by the information filed on 6/11/09 was arraigned together with Michael Chukwu Obasi, Ikechukwu Nwafor, and Amaechi Nworu before the High Court of Ebonyi State, Abakaliki Judicial Division by information dated 6/11/2009 on a one count charge of murder of one Moses Akpa Nwafor to wit:


MURDER contrary to Section 319(1) of the Criminal Code Cap 30 Vol. II, Laws of Eastern Nigeria as applicable in Ebonyi State.


Ikechukwu Nwafor, Amaechi Nworu, Micheal Chukwu Obasi and Chinedu Ekuma on the 22nd day of August, 2008 at Okpoduma Road, Effium in Ohaukwu Judicial Division murdered one Moses Akpa Nwafor.

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