ONUCHUKWU & ORS
V.
THE STATE

(1998) JELR 45641 (SC)    

Supreme Court  ·  SC.104/1996 ·  17 Apr 1998 ·  Nigeria
 · 
Other Citations
Onochukwu v State (1998) 4 NWLR (Pt.547) 576 (1998) 4 S.C 49
Onuchukwu v. State (1998) 4 NWLR (Pt. 547) 576
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
evidence
house
police
appellants
1st appellant
trial court
court of appeal
defence of alibi
2nd appellant
reasonable doubt
trial
3rd appellant
issue of alibi
pw9
samuel ikejiobi
3rd appellants
evidence of pw
lower court
high court
learned counsel
learned trial judge
2nd accused
4th accused
accused person
guilt of the accused person
police exhibit
prosecution witnesses
respective counsel
9th witness
accused persons
augustine onuchukwu 1st appellant
direct evidence
evidence of prosecution witnesses
father of the 1st appellant
high court of the murder of samuel ikejiobi
house of the 1st appellant
leading judgment
months of the incident pw1
olike j of anambra state high court of the offence
see okosun v
set of those issues
submission of the learned counsel
such unreliable evidence
testimonies of pw
unreliable circumstantial evidence of the prosecution witnesses
various pieces of evidence
view of the clear contradictions
wife of samuel ikejiobi

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The three appellants were convicted together with two others by Olike J of Anambra State High Court of the offence of murder, contrary to Section 319 (1) of the Criminal Code. Originally, 8 accused persons were arraigned before the trial High Court for the same offence. Two died in prison during the trial, one was discharged and acquitted by the trial court and two others, Ireka Edimgbo and Onodu Okeke succeeded in their appeal before the Court of Appeal and were both discharged and acquitted. The three appellants were not successful at the Court of Appeal. Their convictions and sentences were affirmed. Being dissatisfied with that decision they have now come before this court appealing against the conviction and sentence passed on each of them.

The fact which gave rise to this case is that there was a land dispute between the 1st appellant and his father, the 4th accused, who died in prison during the trial, on the one part, and the…

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