NWEDE
V.
STATE

(2018) JELR 46301 (CA)    

Court of Appeal  ·  CA/E/57C/2016 ·  22 Feb 2018 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
accused person
police
evidence
confessional statements
trial court
english language
cross examination
offence of murder
appellants counsel
carter motorcycle
family members
farm work
trial judge
credible evidence
direct evidence
ebonyi state
ebonyi state high court
police officer
retracted statement
14th day of june
appellants brief
case of the respondent
cogency of that piece of evidence
combination of the following ways
content of the confessional statements
contents of statements
conviction of an accused person
count charge of the offence of murder
end of trial
following morning
guilt of an accused person
interpreters of the confessional statements
ivo judicial division
laws of ebonyi state of nigeria
leading judgment
learned trial judge
local government area of ebonyi state
native of umuezekaohia ezza north l.g.a.
phone call
police station
recorders of the statements
record of appeal
said exhibits b
said retracted statement
specific particulars of other murders
submissions of both counsel
voluntariness of the alleged confessional statements

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice I. P.Chima of the Ebonyi State High Court, delivered on 30/09/2015 wherein the learned trial judge found the Appellant guilty of the offence of Murder and sentenced him to death by hanging. Below are the facts that led to this appeal:-

The Appellant was arraigned before the Ebonyi State High Court on one count charge of the offence of Murder. The charge is reproduced below:-

STATEMENT OF OFFENCE

Murder, contrary to Section 319(1) of the Criminal Code Cap.33 Vol. I Laws of Ebonyi State of Nigeria, 2009.

PARTICULARS OF OFFENCE

Monday Nwede on the 14th day of June, 2009 at Obegu Amaeze, Ishiagu in Ivo Judicial Division murdered Ihudie Okorie.

The case of the Respondent at the trial Court was that on 14/6/2009, the body of the deceased, Mrs. Ihudie Okorie was recovered from her room at Obegu Amaeze Ishiagu in Ivo Local Government Area of Ebonyi State. The Appellant did far…

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