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NWACHUKWU
V.
STATE

(2007) JELR 17290 (SC)

Supreme Court 13 Jul 2007 Nigeria
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Case Details

Suit Number:SC.4/2006
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Counsel:H. E. Wabara For Appellant AND L. C. Azuama, Esq. (Ag. Director of Public Prosecution, Ministry of Justice, Owen'i, Imo State) For Respondent
Other Citations:Nwachukwu v. State (2007) 17 NWLR (Pt.1062) 31 S.C. (2007)7 S.C. 1

I. T. MUHAMMAD, JSC (Delivering the Leading Judgment): Facts surrounding this case as contained in the printed record of appeal before this court show that the appellant as an accused person, together with one other were charged before the High Court of Justice of Imo State holden at Owerri (trial court), on an information of a single count of murder, contrary to section 319(1) of the Criminal Code, Cap 30, Vol. II, Laws of Eastern Nigeria, 1963, applicable to Imo State. It was alleged that on the 20th day of January, 1983, the two accused persons murdered one Benjamin Iheama, at Plot 454, Ikenegbu Layout, Owerri. It was the case of the prosecution that the deceased, a full blood brother to Timothy Iheama (who testified as "PW1" and who shall hereinafter, be referred to as such in this judgment), was an apprentice trader. He later established his own trading business with the help of PW1. Thereafter, the deceased brought in the 1st accused with three other relations of his: Chibuzor N…

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