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ANSELEM AGU v. THE STATE

(2017) JELR 38285 (SC)

Supreme Court  •  SC.514/2012  •  17 Feb 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): At the High Court of Imo State, Iho Ikeduru Judicial Division, the appellant (as accused person) was arraigned on Information which charged him with the offence of murder. Upon his plea of not guilty before the said Court (hereinafter, simply, referred to as "the trial Court"), the matter went to trial.

While the Prosecution relied on the testimonies of its seven witnesses in proof of its case, the appellant (as accused person), who did not call any witness, testified in his defence. At the end, being satisfied with the Prosecution's compelling evidence, the trial Court found him guilty of the said offence contrary to Section 319 (1) of the Criminal Code, Cap 30, Vol 11, Laws of Eastern Nigeria. It accordingly, convicted, and sentenced him to death. His appeal to the Court of Appeal (hereinafter referred to as "the lower Court') was unsuccessful; hence, this appeal to this Court.

He distilled two issues from his Notice and Gr…

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