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EMMANUEL OKORO
V.
THE STATE

(1998) JELR 45543 (CA)

Court of Appeal 23 Feb 1998 Nigeria
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- The appellant was convicted of murder under section 319(1) of the Criminal Code Cap 30, Laws of Eastern Nigeria 1963, for fatally attacking Nnenaya Onu with a matchet after she rebuffed his advances; the incident also involved a near-fata

Case Details

Suit Number:CA/E/6/96
Judges:JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria
Counsel:Chief O. Onyali For Appellant A. O. Eloike, Deputy Director of Public Prosecutions, Ministry of Justice, Enugu State For Respondent
Other Citations:Okoro v. State (1998) 4 NWLR (Pt. 544)

SALAMI, J.C.A. (Delivering the Leading Judgment): The accused was arraigned in the defunct Anambra State High Court of Justice, in the Nsukka Judicial Division holden at Nsukka on an information alleging murder of one Nnenaya Onu, contrary to section 319(1) of the Criminal Code Cap 30 of the Laws of erstwhile Eastern Nigeria, 1963 which was applicable in the former Anambra State. The particulars of the offence are that the accused on the 1st day of September, 1983 at Ugbo Okpondu in the Nsukka Judicial Division, murdered Nnenaya Onu.

At the trial parties joined issues when the accused pleaded not guilty to the one count information. Thereafter the prosecution called five witnesses in support of its case and the accused testified on his own behalf. He did not produce further evidence in support of his case.

The synopsis of the evidence adduced is that the deceased was a girl of about 18 years who was living with her sister, Angelina Onu, the fifth prosecution witness, at Ejeabali Camp.…

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