MOHAMMED, JSC (Delivering the Lead Judgment): The three appellants, together with one Richard Ozeke, were arraigned before Njiribeako J. of Imo State High Court, for the murder of Chief Ijeoma Maduagwu. At the end of the prosecution’s case the counsel for the appellants made a no-case submission against all the accused persons. The learned trial Judge considered the submission and agreed with the learned counsel for the accused persons that the prosecution had not established a prima facie case for the accused persons to open their defence. He accordingly discharged all the accused persons.
Dissatisfied with that decision, the state filed an appeal to the Court of Appeal against the discharge of Ossai Emedo, Christopher Ukachukwu and Emeka Nwapa. They are the three appellants before this court. The Court of Appeal in a considered judgment, delivered by Ikongbeh JCA and concurred in by Ogebe and Akpiroroh, JJCA, allowed the appeal. The three appellants were ordered to be re-arrested…