(1997) JELR 45497 (CA)    

Court of Appeal  ·  CA/PH/195/95 ·  6 Mar 1997 ·  Nigeria
Other Citations
Nwangwa v. State (1997) 8 NWLR (Pt.517)
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
accused persons
reasonable doubt
lead judgment
evidence of pw1
defence of alibi
criminal trials
trial court
brother katsina-alu
case of the prosecution
circumstantial evidence
criminal trial
evidence of the prosecution witnesses
evidential burden
fuller reasons
lower court
pw1 chijioke enwereuzo
abundant evidence of bad blood
commencement of the trial
elder brother of pw1
exhibit a
eye witness account of the incident
following issues
hiding place
important issues
investigation police officers report
judgment of the isiala ngwa high court
judgment of the learned judge
late elder brother donatus enwereuzo
leading judgment
magnifying glass
order of acquittal
police officers
previous testimony of donatus enwereuzo
printed evidence of a witness
report of the police investigation
required standard
review of the evidence
series of court cases
set aside
strained relationship
sufficient particulars of their defence of alibi
sufficient reason
younger brother

KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Isiala Ngwa High Court holden at Okpuala Ngwa presided over by Isuama, J., in charge No. HIN/28C/87. The appellants were charged with the offences of conspiracy and "Arson". In his judgment delivered on the 27th day of February, 1995, the appellants were convicted of the offences with which they were charged and sentenced to five (5) and ten (10) years imprisonment respectively. The sentences to run concurrently.

The case of the prosecution as related by PW1 Chijioke Enwereuzo was that on the 6th day of March, 1980, the appellants went and harvested the palm fruits belonging to the complainants. After harvesting, the appellants went into the compound of the complainants, drove them away and set two of their houses on fire. PW1 gave an eye witness account of the incident. The prosecution also relied on the previous testimony of Donatus Enwereuzo (now deceased).

The appellants' case was …

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