(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
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
learned trial judge
evidential burden
1st accused
body of the deceased
defence of alibi
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
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…

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