(2018) JELR 38726 (CA)    

Court of Appeal  ·  CA/E/79C/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
trial court
accused person
supreme court
learned trial judge
criminal procedure law of ebonyi state
provisions of section
appellants counsel
constitution of the federal republic of nigeria
plea of the appellant
breach of his fundamental right of fair hearing
case file
court clerk
court records
exhibit a
humble view
jurisdiction of the court
offence of murder
record of the trial court shows
above opinion of karibi-whyte jsc
appellants mother
charge no hsk
circumstances of the instant case
count charge of murder
criminal code cap
criminal procedure law of the state
due requirement of the law
entire procedure
exhibit b
high court of ebonyi state
hon. justice i.p. chima
important step
issue of proper arraignment
judgment of the high court of ebonyi state
karibi-whyte jsc
laws of ebonyi state of nigeria
leading judgment
process of formal arraignment
proof of its case
proper position
prosecution counsel
record of appeal
said day
standard requirements of a valid arraignment
state cid abakaliki
statement of the appellant

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State, delivered by Hon. Justice I.P. Chima on 12th May, 2017 wherein the learned trial judge convicted the Appellant for the offence of murder and sentenced him to death by hanging.

The Appellant was brought before the High Court of Ebonyi State for trial in charge No HSK/15C/2014 on a one count charge of murder, and the trial commenced on the 27th day of January, 2017.

The statement of offence is set out below.


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


OGBONNA OKEKE on the 11th day of August, 2012 at Ameke Ishiagu Ivo in Ivo Judicial Division murdered Ori Okeke.

In proof of its case the Prosecution now Respondent called the Investigating Police Officer (IPO) as PW1 and three documents was tendered through him, namely:

1. Exhibit A- The statement o…

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