ONNOGHEN JSC (Delivering the Lead Judgment): The three appeals giving rise to this judgment arose from the same judgment delivered by the Court of Appeal holden at Port Harcourt in appeal No. CA/PH/260/2006 on 23 April 2009 in which the court set aside the judgment of the High Court of Abia State holden at Osisioma in Charge No. HOS/7C/2003 delivered on 28 July 2004 in which the court convicted the appellants of the offence of manslaughter in a charge of murder and sentenced each of the said appellants to a term of ten years imprisonment with hard labour. The appellants were arraigned before the trial court on a one count charge of murder of one Boniface Ibeabuchi Njoku on 14 February 2003 at No. 37 World Bank Housing Estate, Abayi, within the jurisdiction of the court contrary to the provisions of section 319(1) of the Criminal Code. The facts of the case include the following: Appellant in SC/95/2010 was the first accused and 1st respondent at the trial court and Court of Appeal r…
NJOKU
V.
STATE
(2012) JELR 54077 (SC)
Supreme Court 6 Jul 2012 Nigeria
Case
Key Passages 11
Citing Cases 1
BriefBot Summary
- The case involves three appeals arising from the same judgment delivered by the Court of Appeal in which the court set aside the conviction of the appellants for manslaughter and substituted it with a conviction for murder. - The appellan
Case Details
Judges:WALTER S. N. ONNOGHEN JSC (Presided and Read the Lead Judgment) IBRAHIM TANKO MUHAMMAD JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC JOHN AFOLABI FABIYI JSC NWALI SYLVESTER NGWUTA JSC
Counsel:N. D. Ojeh, Esq., - for the Appellant in SC. 95/2010.
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Wilcox Abereton, Esq. (with him, E. S. Njoku, Esq.) - for the Appellant in SC.95A/2010.
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Uche S. Awa, Esq. - for the Appellant in SC. 9513/2010.
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Kalu Umeh, Esq. (Attorney-General of Abia State) (with him, N.
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Akinola (Mrs.) (ADCL) and I. C. Onokwe (Mrs.) (C.S.C.) in the A
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appeals - for the Respondent.
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