(2021) JELR 109177 (SC)    
Supreme Court  ·  SC.317/2016 ·  9 Jan 2021 ·  Nigeria
Mary Ukaego Peter-Odili, JSC Olukayode Ariwoola, JSC John Inyang Okoro, JSC Chima Centus Nweze, JSC Uwani Musa Abba Aji, JSC

JOHN INYANG OKORO, J.S.C. (Delivering The Leading Judgment): The Appellant was arraigned before the High Court of Rivers State, Port Harcourt Judicial Division on 5th April, 2011 for the offence of murder contrary to Section 319(1) of the Criminal Code of Rivers State. He pleaded "not guilty" and the Respondent called 5 witnesses to prove the charge while the Appellant testified for himself and closed his case. At the close of trial, the learned trial Judge convicted the Appellant and sentenced him to death by hanging.

Dissatisfied with the judgment of the trial Court, the Appellant lodged an appeal at the Court below vide an Amended Notice of Appeal filed on 30th April, 2015. In their unanimous decision delivered on 26th February, 2016, the learned Justices at the Court below affirmed the conviction and sentence passed on the Appellant by the learned trial Judge, hence, his further appeal to this Court.

The facts of the case which has led to this appeal in brief are that on 13/8/2010 a…

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