<p><strong><span style="background-color: transparent">JOHN AFOLABI FABIYI, JSC (DELIVERING THE LEADING JUDGMENT)</span></strong><span style="background-color: transparent">: This is an appeal against the judgment of the Court of Appeal; Enugu Division (the court below) delivered on the 24th February, 2010. Therein, the court below dismissed the appeal of the appellants against the decision of the High Court of Ebonyi State, &quot;holden at Abakaliki (the trial court) delivered on 11th April, 2008 wherein the no case submission made on behalf of the appellants, was overruled.</span></p><p><span style="background-color: transparent">The appellants were charged before the trial court for the murder of Ifeanyi Nnaji. The prosecution called five witnesses and closed its case. A no case submission was made on their behalf by their counsel. Same was overruled by the trial court. The appellants lodged an appeal at the court below which was dismissed on 24th February, 2010.</span></p><p><span style="background-color: transparent">The appellants felt unhappy with the stance posed by the court below and have further appealed to this court.</span></p><p><span style="background-color: transparent">It is apt to assemble briefly the case of the prosecution. The evidence adduced by the w…</span></p>