NWANGWA & ORS.
V.
THE STATE

(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)

CORAM

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

appellants

learned trial judge

state

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

katsina-alu

lower court

pw1 chijioke enwereuzo

abundant evidence of bad blood

commencement of the trial

cross-examination

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 …

NWANGWA & ORS. V. THE STATE

NWANGWA & ORS.
V.
THE STATE