OCHI
V.
STATE

(2018) JELR 38696 (CA)

Court of Appeal · CA/E/54C/2017 · 13 Jul 2018 · Nigeria

CORAM

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

counsel

nwlr pt

death

defence of provocation

trial court

grievous bodily harm

offence of murder

reasonable doubt

respondents counsel

accused person

appellants counsel

learned trial judge

act of the appellant

enugu state

face of the evidence

following day

respondents brief of argument

self defence avail

sentence of death

sufficient evidence

accused of murder

a.g bendel state

appellants brief of argument

appellants defence of self defence

available evidence

chief mrs a.j. offiah

circumstances of both cases

course of the trial

criminal code cap

deceased obinna ochi

direct cause of the death of the deceased

direct evidence

fact of the attack

facts of the instant case

favour of the accused person

high court of enugu state

hon. justice a.a. nwobodo

instantaneous death of the deceased

judgment of the high court of justice

laws of enugu state of nigeria

own defence

part of the deceased body

pw1 mr. aneke amezilo

respondents answers

result of that stab

said residence

scnj pt

stab injury

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Enugu State, delivered by Hon. Justice A.A. Nwobodo on 02/05/17 wherein the learned trial judge convicted the Appellant for the offence of murder and sentenced him to death by hanging.

The Appellant was arraigned before the High Court of Enugu State on the 10th day of February 2012 with Charge No: E/51C/1997 on a one count charge of murder of one Kenneth Azuonye to wit:

STATEMENT OF OFFENCE

MURDER contrary to Section 274 (1) of the Criminal Code Cap 30, Laws of Enugu State of Nigeria 2004.

PARTICULARS OF OFFENCE

Obinna Ochi on or about the 19th day of October, 2010 at No. 49 Presidential road, Enugu within Jurisdiction unlawfully killed one Kenneth Azuonye by stabbing him with a knife.

In the course of the trial, the prosecution called six witnesses namely PW1 Mr. Aneke Amezilo; PW 2 Elder Uche Azuonye; PW 3 Cpt Cajetan Ugwu, PW 4 Dr. Ohayi Robson; PW5 M…

OCHI V. STATE

OCHI
V.
STATE