NWAFOR
V.
STATE

(2018) JELR 39031 (CA)

Court of Appeal · CA/E/27C/2017 · 25 May 2018 · Nigeria

CORAM

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

learned trial judge

accused persons

persons

appellants counsel

defence of alibi

circumstantial evidence

moses akpa nwafor

reasonable doubt

lower court

trial court

evidence act

accused person

ebonyi state

eye witness

offence of murder

witnesses

exhibit p4

following day

such evidence

1st-3rd accused persons

benue state

credible evidence

criminal proceedings

defences of alibi

evidence of pw1

police investigators

abakaliki judicial division ebonyi state

asstant chief state counsel

briefs of counsel

course of the trial

criminal code cap

deceased bears

documentary exhibits

evidence of pw2

extra judicial statements of the appellant

guilt of the accused person

high court of ebonyi state

judgment of the high court of ebonyi state

laws of eastern nigeria

light of the evidence

own defence

police avail

proof of its case

pw1 peter eze

record of appeal

respondents brief

said statement

unlawful act

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State, Abakaliki Judicial Division, delivered by Hon. Justice B.A.N. Ogbu on 24/06/16 wherein the learned trial judge convicted the Appellant for the offence of murder and sentenced him to death by hanging.

The Appellant by the information filed on 6/11/09 was arraigned together with Amaechi Nworu, Michael Chukwu Obasi, and Chinedu Ekuma before the High Court of Ebonyi State, Abakaliki Judicial Division Ebonyi State on a one count charge of murder to wit:

STATEMENT OF OFFENCE

MURDER contrary to Section 319(1) of the Criminal Code Cap 30 Vol. II, Laws of Eastern Nigeria as applicable in Ebonyi State.

PARTICULARS OF OFFENCE

Ikechukwu Nwafor, Amaechi Nworu, Michael Chukwu Obasi and Chinedu Ekuma on the 22nd day of August, 2008 at Okpoduma Road, Effium in Ohaukwu Judicial Division murdered one Moses Akpa Nwafor.

In proof of its case, the prosecution called fou…

NWAFOR V. STATE

NWAFOR
V.
STATE