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UGURU
V.
STATE

(2001) JELR 53094 (CA)

Court of Appeal 9 Jan 2001 Nigeria
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- The 1st appellant was charged with murder under section 319(1) of the Criminal Code following the death of Mark Ukeagu; after initial investigation both the police and the D.P.P. found no prima facie case against the 2nd and 3rd appellant

Case Details

Suit Number:CA/PH/151/99
Judges:IGNATIUS CHUKWUDI PATS-ACHOLONU, JCA (Presided) MICHAEL EYARUOMA AKPIROROH, JCA ABOYI JOHN IKONGBEH, JCA (Read the Lead Judgment)
Counsel:C. O. Akpamgbo (SAN) with him - for the Appellants. -*- A. M. O. Onukaogu, D.P.P Abia State - for the Respondent.
Other Citations:(2002) 8 NWLR (Pt. 769) 367, (2001) JELR 74266 (CA)

IKONGBEH, JCA (Delivering the Lead Judgment): On 13/8/85, a Principal State Counsel in the D.P.P.’s Division of the Ministry of Justice, Umuahia, then Imo State, now Abia State, filed an information at the High Court, Umuahia. The information alleged that the 1st appellant before us, who was then the sole accused, murdered one Mark Ukeagu. Filed along with the information were the charge sheet, the statements of seven witnesses to the Police and the statement under caution of the 1st appellant. Included among the papers filed was also the report by the investigating police officer (I. P. O.) to his superior. In it he made the observation and expressed the opinion, after reviewing the evidence he had gathered, that -

“The alleged Young Ukauwa Uguru has been arrested and his statement recorded under caution. If we accept the statement of Young, it then means that only himself caused the death of Mark Ukeagu.. A case of murder under section 319 C.C. has been established against him. I a…

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