ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Imo State High Court in HOW/37C/2002, delivered on 25th June, 2013, whereof the learned trial Judge, Hon. Justice C.I. Ohakwe, convicted the Appellant for murder and sentenced him and other Accused persons to death, by hanging.
Appellant and other Accused persons, namely: Ejike Okoro, Uchenna Ude, Raphael Ike, Paul Njoku, Ikechukwu Ukonu, Boniface Okoro, Eric Igbo, Chidiebere Ajoku and Anayochukwu Unamba, were accused of the murder of Okechukwu Osuji on 11th day of May, 2001 at Owerri, contrary to the Section 319(1) of the Criminal Code, Cap 30 Vol.11 Laws of Eastern Nigeria, 1963, applicable to Imo State.
At the end of the trial, the Lower Court said:
"Finally, after considering the facts of this case, the evidence before me, the submissions of all the Counsel in the case, I hold that the prosecution has not established the offence of murder as charged against the 3rd, 6th and 7th Accused …