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ONYEJEKWE
V.
THE STATE

(1992) JELR 43189 (SC)

Supreme Court 6 Apr 1992 Nigeria
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- The appellant and three others were charged with the murder of a police constable. - Two of the accused were discharged and acquitted, while the appellant and one other were found guilty and sentenced to death. - On appeal, the other conv

Case Details

Suit Number:SC.266/1990
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria
Counsel:Dr. Obi Okongwu For Appellant C.O. Nweke (Mrs.), Deputy Director of Criminal Litigation, Ministry of Justice, Anambra State (with her, N.C. Onwuzo (Mrs.), Assistant Chief Legal Officer, Ministry of Justice, Anambra State) For Respondent
Other Citations:Onyejekwe v. State (1992) NWLR (Pt. 230)444 (1992) 4 SCNJ 1, (1992) 3 NWLR (Pt. 230) 444, (1992) JELR 71988 (SC)

U. OMO, J.S.C. (Delivering the Leading Judgment): The appellant and three others were originally charged in the Anambra State High Court (Onitsha Division) with the murder of a Police constable, Igwe Uduma, at Ogidi, on the 21st January 1984. Following a submission of no-case made at the end of the case for the prosecution at the trial, two of the accused persons were discharged and acquitted. The appellant and one other (Obi Okonkwo) then testified in their own defence, after which counsel were heard by the Court on their behalf. In its judgment delivered on 7th February, 1986, they were both found guilty of the offence as charged and sentenced to death accordingly. On appeal, the Court of Appeal allowed the appeal of the other convicted person, Obi Okonkwo, and he was discharged and acquitted whilst the appellant's appeal was dismissed. It is against this judgment that the appellant has appealed to this Court.

The only facts of the case that need be adverted to is that the appellan…

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