ONYEJIAKA
V.
THE STATE

(1997) JELR 46341 (CA)    

Court of Appeal  ·  CA/PH/118/94 ·  23 Jul 1997 ·  Nigeria
 · 
Other Citations
Onyejiaka v. State (1997) 11 NWLR (Pt.530)
Onyejiaka v. State (1997) 11 NWLR (Pt. 530) 645
CORAM
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
respondent
evidence
exhibit c
law
reasonable doubt
trial judge
1st march
anthony ohazuruike
death of anthony ohazuruike
dr. donatus sunday izuagba
learned trial judge
suo motu
trite law
1st day of march
address of counsel
appellant emmanuel onyejiaka of the murder
brother katsina-alu
common ground
criminal case
criminal code
criminal trials
cross-examination
death of a living person
documentary evidence
evidence of pw1
final result
following cases
guilt of the accused person
hearing of this appeal
imo state high court
judgment of njiribeako
katsina-alu
leading judgment
learned judge
lone issue
medical report exhibit c
part of his evidence
part of the evidence of pw1
police custody
police officer
preview of the lead judgment
respective briefs of argument
right direction
right step
statements exhibits
testimonies of pw1 bartholomew nwadiekwe
trial
trial judge suo motu
younger brother

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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