(2000) JELR 44203 (CA)    

Court of Appeal  ·  CA/PH/182/93 ·  11 Apr 2000 ·  Nigeria
Other Citations
Imo v. State (2001) 1 NWLR (Pt.694)314
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
accused persons
learned counsel
identification parade
lower court
scene of crime
trial judge
3rd appellant
boniface iseh
senior legal officer
1st accused
brother ogebe
evidence of pw2
evidence of pw9
leading judgment
minor contradictions
11th prosecution witness
1st issue
2nd issue
9th prosecution witness
case of ibe v.the state
clear evidence
close quarters
commission of the offence of murder.there
credibility of the evidence of the eye-witnesses
criminal code
earliest opportunity
evidence of p.w.11
evidence of the prosecution
lead judgment
learned trial judge
murder of sampson etim
names of the appellants
observation of the witnesses
police station
principle of criminal law
prosecution witnesses
record of appeal
report of forcible entry
sentence of the appellants
umuahia high court

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants were convicted of the murder of Sampson Etim (hereinafter called the deceased) by Umuahia High Court and sentenced to death contrary to section 319(1) of the Criminal code on the 30th of November, 1990. The case for the prosecution was that, on the 22nd of April, 1988 the deceased, his wife, Alice Sampson (PW2) and two of his friends, Friday Ben (PW3) and James Okoro (PW4) went with the deceased to harvest cassava from his farm. While they were doing the harvesting, the deceased decided to visit the portion of his cassava plantation which was harvested by thieves from Ndiwo village. As he was going there, he was halted by about 20 people who challenged him as to what he was doing on the farm. There was an altercation between the deceased and the people. One of the people shouted, "Shoot him! Shoot him!" The deceased was shot and he died on the spot. The matter was reported to the police and after investigation, the accuse…

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