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OKEKE
V.
STATE

(2018) JELR 38726 (CA)

Court of Appeal 13 Jul 2018 Nigeria
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- This is an appeal against a judgment of the High Court of Ebonyi State, where the appellant was convicted of murder and sentenced to death by hanging. - The appellant was charged with murder under Section 319(1) of the Criminal Code of Eb

Case Details

Suit Number:CA/E/79C/2017
Judges:HELEN MORONKEJI OGUNWUMIJU JCA IGNATIUS IGWE AGUBE JCA JOSEPH TINE TUR JCA
Counsel:Enechi Ononye (on pro bono basis) For the Appellant; R.O.U. Uwaeze with him, Nnachimra Okoro For the Respondent.

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.

STATEMENT OF OFFENCE

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

PARTICULARS OF OFFENCE

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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