KATSINA-ALU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Njiribeako, J., of the Imo State High Court delivered on 1st March, 1994 whereby he convicted the appellant Emmanuel Onyejiaka of the murder of one Anthony Ohazuruike under Section 319(1) of the Criminal Code and sentenced him to death
At the trial, the prosecution called three (3) witnesses and closed its case. The appellant testified on his own behalf and called one witness. After the address of counsel, the learned trial Judge adjourned the case to 1st March, 1994 for judgment. On the 1st day of March, 1994 the trial Judge suo motu called one Dr. Donatus Sunday Izuagba as PW3 and thereafter delivered his judgment.
Before giving evidence in his own defence, the appellant, through his counsel, made a no case submission which was overruled by the trial Judge without calling upon the prosecution to reply. In the final result the trial Judge convicted the appellant and sentenced him to death.
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