(1998) JELR 45605 (CA)    

Court of Appeal  ·  CA/B/227/91 ·  17 Sep 1998 ·  Nigeria
Other Citations
Igbi v. State (1998) 11 NWLR (Pt.574)
OKAY ACHIKE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st appellant
accused persons
learned trial judge
trial court
2nd appellant
2nd appellants
evidence of p.w.2
trial judge
piece of evidence
2nd accused
bright moon-light
brother abel
evidence of p.w.4
issue no.
oral testimony
side of the road
issue of identification
mr. j.i. ojeh
right hand side of the road
testimony of p.w.4
2nd p.w.
accused person
advice of p.w.3
available evidence
colourful parade of suspects
conclusion of trial
course of the trial
delta state
fateful bright moonlight night
help of p.w.1
josephine p.w.1
late brother
laws of the bendel state of nigeria
leading judgment
learned principal state counsel
police custody
star eye witnesses
star witness
star witnesses
statement of 2nd p.w.

ACHIKE, J.C.A. (Delivering the Leading Judgment): The two appellants and six others were arraigned and charged on two count charge of conspiracy and murder of one Abel Emunemu (now deceased) on or about the 25th day of May, 1986 at Otumara Village in Orerokpe Judicial Division, contrary to sections 324 and 319 (1) respectively of the Criminal Code Cap. 48 Vol. II, Laws of the Bendel State of Nigeria, 1976, applicable to Delta State. In the course of the trial, three of the accused persons i.e. 1st, 2nd and 3rd died in prison. At the conclusion of trial, 4th, 5th and 7th accused persons were discharged and acquitted while the 6th and 8th accused persons were convicted and sentenced to death by the trial Judge, Okungbowa, J, The two accused persons have herein appealed against their conviction and sentence.

On the night of 24/5/86, the deceased, one Josephine P.W.1, P.W.2, P.W.3 and P.W.4 and others attended the burial ceremony in a neighbouring village, Otumara. P.W.3, Grace Edema, wa…

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