UZOMA
V.
STATE

(2018) JELR 38978 (CA)

Court of Appeal · CA/OW/199C/2014 · 30 May 2018 · Nigeria

CORAM

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

information

lower court

section

evidence

case

trial court

reasonable doubt

accused person

considered view

imo state

criminal code

offence of murder

confessional statements of the appellant

instant appeal

supreme court

provisions of section

sub-section

actual age of the appellant

actual cause of death of the deceased

burden of proof of the appellant

criminal procedure law of eastern nigeria

different accounts

exhibit e

laws of eastern nigeria

leave of court

police officer

sentence of death

case of okafor v.

circumstances of the death of the deceased point

confessional statement of the appellant

evidence of dw1

full blown trial

high court of imo state

issue of probative value of the document

judgment of the learned trial judge

leading judgment

mandatory provision of section

much having regard

obvious wrongful application of the inconsistency rule

order of this court

proof of his age

question of the actual age of the appellant

registry of the lower court

said evidence

said respondent

special circumstances

stab wound

trial judge

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 16/6/1994 by the High Court of Imo State presided over by Hon. Justice D.E. Njiribeako (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The Appellant as the accused person was arraigned before the lower Court on an Information preferred by the Respondent for the offence of murder contrary to Section 319(1) of the Criminal Code, Cap. 30, Vol. II, Laws of Eastern Nigeria, 1963, applicable in Imo State (hereafter to be simply referred to as the C.C). After a full blown trial at which the prosecution adduced evidence through 6 witnesses, and whereat the Appellant only testified in his own behalf, the lower Court in its judgment found the prosecution to have proved its case beyond all reasonable doubt and consequently found the Appellant guilty of the offence of murder and duly pronounced on the Appellant the sentence of death…

UZOMA V. STATE

UZOMA
V.
STATE