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OKWUAKA
V.
STATE

(2018) JELR 38612 (CA)

Court of Appeal 13 Jun 2018 Nigeria
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Case Details

Suit Number:CA/OW/20C/2017
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:C. Attama, Esq. For Appellant Mrs. C. L. Ezuagwu (Chief State Counsel, MOJ, Imo State) with her, Miss Uche S. Chukwu (State Counsel, MOJ, Imo State) For Respondent

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This judgment pertains to the appeal against the judgment of the High Court of Imo State sitting at Orlu (hereinafter referred to as the lower Court), in a criminal matter. The said judgment was delivered by Hon. Justice L. C. Azuama J., (hereinafter referred to as the learned trial judge) on the 9th day of December, 2015. Therein, learned trial judge found the accused person/appellant (hereinafter referred to as the appellant), guilty for the offence of manslaughter and sentenced her for life imprisonment.

The appellant was charged with the offence of murder under Section 319(1) of the Criminal Code, Cap. 30 Vol. 11, Laws of Eastern Nigeria (as applicable to Imo State). The case against the appellant was that on the 25th day of October, 2012 at about 10:10 pm, she struck her husband (now deceased) with an object which resulted in his death. The case of the prosecution/respondent (hereinafter referred to as the respo…

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