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UDOSEN
V.
THE STATE

(2007) JELR 48169 (SC)

Supreme Court 26 Jan 2007 Nigeria
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- The appellant, a police corporal, was convicted of murder at the Okigwe High Court (Imo State) for the shooting death of Eunice Ikezuagu on 21 November 1987 near Umulolo-Okigwe/Enugu Express Road. The trial court sentenced him to death, a

Case Details

Suit Number:SC.199/2005
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:H. E. Wabara, Esq. (with him, F. O. Otiotio) For Appellant L. C. Azuama, Esq. D.P.P., Imo State (with him, M. Udokwu, Esq., State Counsel) For Respondent

G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): The appellant was at the Okigwe High Court of Imo State charged with the offence of murder. It was alleged that he, on 21-11-87, murdered one Eunice Ikezuagu along Umulolo-Okigwe/Enugu Express Road. The case was heard by Okoroafor, J. The appellant was on 13-12-91 found guilty, as charged and accordingly sentenced to death.

Dissatisfied, the appellant brought an appeal against the judgment of Okoroafor, J. before the Court of Appeal, Port Harcourt (hereinafter referred to as the 'court below'). On 28/12/2005, the court below in a unanimous judgment affirmed the judgment of the trial court. The appellant has come before this court on a final appeal. In the appellant's brief filed by his counsel before this court, the issues for determination in the appeal were identified as the following:

"1. Whether the prosecution proved its case against the appellant beyond reasonable doubt as required by law.

2. Whether the evidence of PW7 u…

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