(1994) JELR 45354 (SC)    

Supreme Court  ·  SC.19/1993 ·  27 May 1994 ·  Nigeria
Other Citations
Nwaebonyi v. State (1994) 5 NWLR (Pt.343) 138 (1994) 5 SCNJ 86
Nwaebonyi v. State (1994) 5 NWLR (Pt. 343) 138
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
court of appeal
corroborative evidence
superior police officer
nkwagu okpe
learned trial judge
effect of the oath
evidence act
evidence of p.w.1
reasonable doubt
28th day of july
abakaliki judicial division
enugu state
fortune teller
nwaji nkwagu
trial judge
accused person
deputy superintendent of police
sufficient proof of guilt
voluntary confessional statement
above finding of facts
concurrent findings
confessional statement exh
confessional statement exhibit
court of appeal enugu division
exhibit aa
following offence
following rules
high court abakaliki
judgment of that court
leading authority
leading judgment
learned counsel
living child
market day
murder case
murder contrary
ndiogbaga inyimagu izzi
relevant facts
sexual advances
voluntariness of a written statement

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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