Customer Support

EZE
V.
THE STATE

(1976) JELR 38720 (SC)

Supreme Court 16 Jan 1976 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant was found guilty of the murder of Victoria Okonkwo and sentenced to death. - The appellant's defense of alibi and malice was rejected by the trial judge. - The evidence presented included the testimony of a 15-year-old witne

Case Details

Suit Number:SC.224/1974
Judges: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
Counsel:F.O. Akinrele For Appellant M.A. Morah For Respondent
Other Citations:EZE v. THE STATE (1976) 1 S.C. (REPRINT) 69

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.