ONAH
V.
THE STATE

(1985) JELR 46498 (SC)    

Supreme Court  ·  SC.164/1984 ·  6 Dec 1985 ·  Nigeria
 · 
Other Citations
Onah v. State (1985) NWLR (Pt.12) 236
Onah v. State (1985) 3 NWLR (Pt. 12) 236
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
evidence
prosecution
blood stains
reasons
circumstantial evidence
eke agbo
human blood
p.w.1
learned trial judge
court of appeal
trial court
blood stain
prima facie case
room apartment
conviction of murder
corpse of the deceased
cross-examination
direct evidence
eye-witness
post-mortem examination
principal state counsel
sentence of death
anambra state high court
a. o. obaseki
c. a. oputa
case of this nature
evidence of finger print
exhibit b
exhibit c.
ezzamgbo police station
gist of their evidence
house eke agbo
house of the deceased
husband of the accused
last witness
leading judgment
learned judge
matchet cuts
mere circumstances of suspicion
mind of some people suspicion
m. l. uwais
nature of the prosecution case
part of the appellant
penultimate paragraph of the lead judgment of the court
relevant portion of his evidence
seventh edition
sufficient circumstantial evidence
testimony of the prosecution witnesses
totality of the evidence

M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): This appeal was allowed on the 17th September, 1985. The conviction of murder and the sentence of death passed on the appellant were quashed and in their place we substituted a verdict of acquittal and discharge. Our reasons for doing so were reserved.

I now give mine.

The appellant was tried and convicted of murder by the Anambra State High Court, sitting at Abakaliki. Only the prosecution adduced evidence at the trial. The learned judge believed the testimony of the prosecution witnesses. The gist of their evidence may be summarised as follows. On the 15th January, 1979, one Nweje, P.W.1 who is the husband of the accused, was in the compound of one Idoke when his sister-in-law, called Eke Agbo, came to tell him something; as a result of what she told him, P.W.1 returned to his house. From the house Eke Agbo took him to his farm which was only 5 yards away. Eke Agbo showed him a dead body. P.W.1 recognised the

corpse as that of …

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