EZE
V.
THE STATE

(1976) JELR 38720 (SC)

Supreme Court · SC.224/1974 · 16 Jan 1976 · Nigeria
·

Other Citations

EZE v. THE STATE (1976) 1 S.C. (REPRINT) 69

CORAM

GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellant

evidence

p.w.2

learned trial judge

evidential burden

1st accused

body of the deceased

defence of alibi

prosecution

victoria okonkwo

11th day of november

12th day of december

25th day of june

2nd prosecution witness

5th prosecution witness

above facts

accused person

admissibility of the evidence of p.w.2

alibi of the 1st accused

consideration of the defence of alibi

criminal code

daughter joy okonkwo

dr. paul onua ibuzo

evidence of linus anumudu

evidence of the battalion

eye witness

fateful night

favour of the appellant

following facts

following morning

inter alia

j.s.c

loud cries of p.w.2

lower court

name samuel ekwenmuo p.w.4

night of 11th november

particular place

place otolo nnewi

police custody

r. v.harry lazarus lobell

scene of crime

signs of a grave

spite of the evidence of the 2nd prosecution witness

sub-inspector linus anumudu p.w.5

suggestion of p.w.3

thorough investigation

trial judge

A. O. OBASEKI, Ag. J.S.C (Delivering the Leading Judgment): The appellant was on the 25th day of June 1973, found guilty of the murder of one Victoria Okonkwo, contrary to Section 319(1) of the Criminal Code and sentenced to death by Oputa, J., sitting at the Onitsha High Corut.

Aggrieved by the decision, he applied to this court.

At the hearing on the 12th day of December 1975, counsel for appellant announced that he had nothing to urge in favour of the appellant. After considering the proceedings in the lower court, we dismissed the appeal and indicated that we shall give our reasons, and this we now do.

From the evidence before the court below, and the learned trial Judge's findings, we find the following facts:

On the fateful night, the night of 11th November 1969, as it was getting dark at 7.30 p.m. after the deceased had returned from a burial ceremony to the compound, she requested her daughter Joy Okonkwo (P.W.2) to accompany her to lock the compound gate. She then followed th…

EZE V. THE STATE

EZE
V.
THE STATE