STANLEY SHENKO ALAGOA, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal Owerri Division (hereinafter referred to as the lower court or the court below) delivered on the 24th March, 2011 confirming the conviction for murder and sentence to death by hanging passed on the Appellant. The Appellant as 3rd accused was charged along with others as follows:-
STATEMENT OF OFFENCE
Murder, Contrary to Section 319(1) of the Criminal Code Cap. 30 Vol. II - Laws of Eastern Nigeria 1963 as applicable to Imo State.
PARTICULARS OF OFFENCE
Inspector David Poli, Sgt. Lazarus Adiele, Cpl. Desmond Ononuju, Inspector Victor Chiaka, PC Augustine Ochiaga, Inspector Sunday Uwadiegwu and Bonny Aikhadueki on the 15th day of August, 2002 along Orlu Road Junction by Mgbidi in Orlu Judicial Division murdered Christian Owerreoma. Each pleaded not guilty and the case proceeded to be heard with the prosecution calling five witnesses while the accused persons testifi…