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JOHN AGBO v. THE STATE

(2004) JELR 45094 (CA)

Court of Appeal  •  CA/PH/201/2001  •  25 Feb 2004  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MICHAEL EYARUOMA AKPIROROH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

AKINTAN, JCA (Delivering the Leading Judgment): This is an appeal from the judgment delivered by Ekumankama, J. sitting at Ohafia High Court formerly in Imo State but now in Abia State. The judgment was delivered on 24th April, 1991, incharge No. HOH/3C/86. The appellant was arraigned before the court on an information in which he was charged with the murder of one Arua Okpo Onuka contrary to section 319(1) of the Criminal Code, Laws of Eastern Nigeria, 1963, applicable in Imo State. The particulars of the offence are that the appellant, John Agbo, on the 26th day of January, 1985 at Ndi Uduma Awoke, Ohafia in the Ohafia Judicial Division murdered Arua Okpo Onuka.

At the trial, the accused pleaded not guilty to the charge preferred against him. Seven witnesses testified for the prosecution and the accused gave evidence in his defence. But he called no witnesses. Learned Counsel for the parties thereafter addressed the court. The learned trial Judge then reserved his judgment. In the …

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