(2018) JELR 38978 (CA)    

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

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