ALBAN AJAEGBO V. THE STATE

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment): The appellant herein was among 7 persons arraigned before the High Court of Imo State, sitting at Owerri in charge No. HOW/7C/97 on a one count charge of murder contrary to Section 319 (1) of the Criminal Code Cap. 30 Vol.II Laws of Eastern Nigeria applicable in Imo state. They all pleaded not guilty to the charge. The prosecution called 11 witnesses and tendered documentary evidence. The appellant was the 1st accused. All the accused persons testified in their own defence. At the conclusion of the trial and after considering the written addresses submitted by counsel, the learned trial. Judge, on 23/1/2003 found all the accused persons guilty as charged. They were all convicted and sentenced to death by hanging.

The genesis of this case is the infamous Otokoto affair that took place in Owerri, Imo State on or about the 19th day of September, 1996 at the Otokoto Hotel. The facts of the case as can be glean…