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…