SAULAWA JCA (Delivering the Lead Judgment): This is a criminal appeal against the judgment of the Abia State High Court, Osisioma Judicial Division, holden at Osisioma, delivered by E.J. Ejelonu, J; on 25 July 2005, thereby convicting and sentencing each of the three respondents to a term of ten years imprisonment with hard labour.
It is rather instructive from the records of appeal, that the three respondents were arraigned before the court below on 28 July 2004 upon a one count information of murder in case No. HOS/7C/2003. They were alleged to have murdered one Boniface Ibeabuchi Njoku on 14 February 2003 at No. 37 World Bank Housing Estate Abayi in the Osisioma Judicia Division. The offence was contrary to section 319(1) of the Criminal Code, Cap 30, Volume II, Laws of Eastern Nigeria, 1963, applicable in Abia State.
The one count information was evidently read to the respondents, each of whom pleaded not guilty thereto. In the course of the trial, a total of six witnesses testif…