UWAEKWEGHINYA
V.
STATE

(2005) JELR 45989 (SC)    

Supreme Court  ·  SC.55/2004 ·  11 Mar 2005 ·  Nigeria
 · 
Other Citations
Uwaekweghinya v. State (2005) 9 NWLR (Pt.930)227 (2005) 3-4 S.C 24 (2005) 3-4 S.C 24
Uwaekweghinya v. State (2005) 9 NWLR (Pt. 930) 227
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
evidence
court of appeal
criminal code
english language
trial court
defence
self-defence
such force
accused person
determination of the appeal
learned counsel
offence of murder
alleged confessional statement
alleged confessional statement of the appellant
investigating police officer
leading judgment
self defence
alternative defences of provocation
appellant of the alternative defences of provocation
deceased used exhibit
evidence act
facts of the case
following issues
grievous bodily harm
identical issues
learned justices of the court of appeal
reasonable doubt
said statement
second time
abia state
address of counsel
appellant of the defences of provocation
confessional statement of the appellant
criminal offence
denial of fair trial
exhibit e
high court of justice of the former imo state
laws of the former eastern nigeria
learned trial judge of the appellant
lmo state
nephew of the deceased
proper time
said umuahia judicial division
sentence of the trial court
such defences
sufficient evidence
use of a machete
use of the machete

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of the former Imo State in the Umuahia Judicial Division (now in Abia State), the appellant herein was arraigned for the offence of murder contrary to and punishable under section 319(1) of the Criminal Code, Cap. 30, Laws of the former Eastern Nigeria applicable to lmo State. It was alleged that the appellant did murder one Gabriel Ejioforon the 4th day of June, 1986 at Ndi Eheugo, Bende, in the said Umuahia Judicial Division. At the trial, the prosecution called six witnesses in proof of the charge, while the appellant was the only witness for the defence. After the address of counsel and in his judgment, delivered on 17th of December, 1987, Maranzu, J. convicted the appellant for the offence of murder and sentenced him to death. The appellant appealed to the Court of Appeal where the following issues were submitted for the determination of the appeal:-

(1) Whether the admission by the learned trial Ju…

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