STATE
V.
OKPALA

PETER-ODILI JSC (Delivering the Lead Judgment): This is an A appeal by the State now appellant against the decision of the Court of Appeal, Enugu Division, which on 7 July 2008 allowed the respondent’s appeal against his conviction and sentence to life imprisonment and discharged him by setting asidethe judgment of thetrial High Court coram : Ijem Onwuamaegbu J., sitting at Aguata. It is against that judgment of the Court of Appeal, Enugu that the appellant has by a notice and grounds of appeal filed on 6 October 2008, come before this court. Therespondent cross-appealed on theground that the Court of Appeal had erroneously only discharged him instead of making an order of discharge and acquittal. That this court should dismiss the appeal and order a discharge and acquittal in favour, of the respondent/cross-appellant. The facts as briefly stated in this appeal are as follows: After the initial trial was aborted as a result of the transfer of the trial Judge to another Judicial Divi…