GIRA
V.
THE STATE
·
Gira v. State (1996) 4 NWLR (Pt. 443) 375
Upgrade required to show details ADIO, JSC (Delivering the Leading Judgment): In the High Court of the Rivers State of Nigeria, Bori Judicial Division, the charge preferred against the appellant was murder contrary to section 319 of the Criminal Code, Cap. 30 of the Laws of Eastern Nigeria, 1963, applicable in the Rivers State. It was alleged that the appellant, on the 28th February, 1983, did, at Nyowii Lueku village in the Bori Judicial Division, murder one Kenule Koma (f).
The evidence led by the prosecution was that on the day of the incident one Sanwii Bira, PW2, returned with her mother to her mother's home from where they went. After some time they saw the appellant and his brother (Goodluck) coming to the house of the mother of PW2, with torch-lights. The appellant held a matchet and the appellant's brother held a dagger with which they inflicted injuries on the deceased who was the daughter of the witness, and another person who was the mother of the witness. The evidence of the doctor who performed the post…
