SULEIMAN GALADIMA, J.S.C: (Delivering the Leading Judgment): This is an appeal against the judgment of Court of Appeal Owerri Division delivered on the 24th March, 2011 confirming the conviction and sentence of the Appellant for murder while discharging the others.
The facts which led to this appeal are as follows: At the commencement of trial at the High Court Orlu, seven accused persons were initially charged on information for the offence as follows:
"Murder: Contrary to section 319(1) of the criminal code Cap 30 vol. It Laws of Eastern Nigeria 1963 as applicable to Imo State.
PARTICULARS OF OFFENCE
Inspector David Poli, Sgt. Lazarus Adiele, Col. Desmond Ononuju, Inspr. Victor Chiaka, PC Augustine Ochiaga, Inspector Sunday Uwadiegwu, and Bonny Aikhadueki on the 15th day of August, 2001 along Orlul Road junction by Mgbidi in Orlu Judicial Division murdered Christian Owerreoma".
I shall recap that at the trial, PW2 Boniface Ozumba gave evidence that on the 15th August, 2002, he was …