JOHN INYANG OKORO, JSC (Delivering the Leading Judgment: This is an appeal against the judgment of the Court of Appeal, Enugu Judicial Division, delivered on the 26th day of November, 2020, which affirmed the judgment of the High Court of Ebonyi State, delivered on the 19th day of September, 2018, which found the appellant guilty of the offence of murder and imposed the statutory death sentence as punishment.
Nwiboko Akputa, (''the appellant") and one Sunday Nwoka were jointly charged on a one-count charge for murder contrary to Section 319 (1) of the Criminal Code Law, Cap. 33 Vol. 1, Laws of Ebonyi State of Nigeria, 2009, at the High Court of Ebonyi State. The prosecution relied on five (5) witnesses as well as several exhibits including the extra-judicial statements of the appellant, in mounting its case at the trial.
The case of the prosecution was that on the 13th day of July, 2013, the appellant and the second accused gruesomely murdered the victim, Chukwuma Akputa (now de…