(2018) JELR 38696 (CA)    

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


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


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…

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