(2002) JELR 44478 (CA)    

Court of Appeal  ·  CA/PH/272/2000 ·  11 Dec 2002 ·  Nigeria
Other Citations
Nnunukwe v. State [2003] 14 NWLR (Pt.840)219
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
evidence of pw8
evidence of pw1
2nd appellant
accused persons
following morning
first statements
charge of murder
deceased shout
evidence of pw3
senior counsel
wise observations of obaseki
3rd day of july
4th statements
accused person
asuquo akpan ukpong
case of murder
circumstances of this case
correct appreciation of the law
end of the trial
explanation of the inconsistency
facts of the case
high court of rivers state
laws of the eastern nigeria
leading judgment
murder of hycienth onyekazi obilor
negative omission of the accused causing injury
nlr p
premises of the 1st appellant
premises of the appellant
previous night
proper appraisal of the evidence
prosecution witness
pw3 christian nwankwoala
respondent abandoned issues
result of the threat
rivers state
said judgment
second time
senior advocate
watchful eye

AKPIROROH, J.C.A. (Delivering the Leading Judgment): The appellants, Fyneface Nnunukwe, Nathaniel Ibe Nnunukwe and Clement Anyalebechi Njoku were convicted of the murder of Hycienth Onyekazi Obilor hereinafter called the deceased by the High Court of Rivers State sitting at Isiokpo and sentenced to death contrary to section 319(1) of the Criminal Code, Cap. 30 Laws of the Eastern Nigeria, 1963 applicable in Rivers State on the 3rd day of July, 2000.

The prosecution called eleven witnesses while each of the appellants gave evidence in his defence and called no witness.

The facts of the case for the prosecution as presented in the court below can be summarised as follows:

On 22/2/95, PW6, Joshua Nwankwoala had his birthday party and appointed the deceased the chairman. At the end of the party, PW3 Christian Nwankwoala took the deceased at his request to his girl friend's house (PW8) in the premises of the 1st appellant. The deceased told him to come back to pick him at 5 a.m. the follo…

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