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…

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