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NWAEBONYI
V.
THE STATE

(1994) JELR 45354 (SC)

Supreme Court 27 May 1994 Nigeria
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- The appellant, Emmanuel Nwibo Nwaebonyi, was charged and convicted in the High Court, Abakaliki Judicial Division, for the murder of Nwaji Nkwagu on 28 July 1980, contrary to Section 319(1) of the Criminal Code. - The prosecution called n

Case Details

Suit Number:SC.19/1993
Judges:SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:N. Abiodun Dabiri. Esq. For the Appellant; P.C. Akubuilo, Director of Public Prosecutions, Ministry of Justice, Enugu State For the Respondent.
Other Citations:Nwaebonyi v. State (1994) 5 NWLR (Pt.343) 138 (1994) 5 SCNJ 86

WALI, J.S.C. (Delivering the Leading Judgment): The appellant, Emmanuel Nwibo Nwaebonyi was arraigned before the High Court Abakaliki in Abakaliki Judicial Division, charged with the following offence -

"OFFENCE: Murder contrary to Section 319(1) C.C

Particulars of Offence

Emmanuel Nwibo Nwaebonyi alias Amasiri Nwaebonyi on or about 28th day of July, 1980 at Ndiogbaga Inyimagu Izzi in Abakaliki Judicial Division murdered Nwaji Nkwagu."

He pleaded not guilty to the charge. The prosecution thereafter called a total number of 9 witnesses to prove the charge. At the close of the prosecution's case the appellant gave evidence in his own defence but called no other witness.

The learned trial Judge, Offiah J. considered the evidence adduced and found the appellant guilty as charged and sentenced him to death by hanging.

In exercise of his constitutional right, the appellant appealed to the Court of Appeal Enugu Division and in a judgment of that court delivered by Oguntade J.J.C.A. (concur…

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