(2009) JELR 49506 (SC)    

Supreme Court  ·  SC.20/2007 ·  13 Feb 2009 ·  Nigeria
Other Citations
IHEONUNEKWU NDUKWE V. THE STATE (2009) 2-3 SC 7 NWLR (Pt. 1139) 43 S.C. (2009) 7 NWLR 43 SC (2009) 7 NWLR 43 SC
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Core Terms Beta
accused person
reasonable doubt
defence of alibi
decision of the trial court
learned counsel
inter alia
learned justices of the court of appeal
grounds of appeal
learned trial judge
totality of the evidence
evidence law
high court
identification of the appellant
appeal of the appellant
death of the deceased
rejection of the defence of alibi
said alibi
time of the incident
3rd issues
above decision of the trial
accused appellant
allegation of hearsay evidence of pw
appeal fails
back yard of his house
brief facts of this case
briefs of the appellant
certificate of record of previous evidence
consideration of the defence of the accused person
contentious issues
court of appeal port-harcourt division
end of the prosecution
end of the trial
evidence of the medical doctor
following statements
high court of justice
lord widgery c.j stated
own defence
paragraph e.
possible defence of the appellant
pw2 show
registrar of isiala ngwa high court
see pp
statement of the accused person
testimonies of the pw1
trial judge
wrn page

M. S. MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The Appellant herein was arrested and arraigned properly before the High Court of Justice in Isiala Ngwa High Court Abia State for murder punishable with death in that he caused the death of one Michael Anaba on 25/9/82.

The prosecution called three (3) witnesses including the Registrar of Isiala Ngwa High Court who tendered the Certificate of Record of previous evidence of the I. P. O and the evidence of the medical doctor in previous proceedings in the case before another judge as well as the statement of the accused person to the police.

As stated earlier, hearing started in earnest. At the end of the prosecution's case, the accused person now appellant testified in his own defence and called no witness. Both counsel for the appellant and the prosecution copiously addressed the court on several contentious issues and the possible defence of the appellant.

At the end of the trial and addresses of learned counsel, and…

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