JOHN AJIBO V. THE STATE

EMMANUEL AKOMAYE AGIM, J.C.A.(Delivering the Leading Judgment): Upon an information filed at the Ebonyi State High Court, Abakaliki Judicial Division the appellant and two others, namely Cornelius Obasi and Jeremiah Egboma were in charge No. HAB/5C/92 charged as follows:

STATEMENT OF OFFENCE

"MURDER contrary to section 274(1) Cap. 36 Laws of Anambra State of Nigeria as applicable to Ebonyi State

PARTICULARS OF OFFENCE

CORNELIUS OBASI, JEREMIAH EGBOMA AND JOHN AJIGBO

On the 25th day of September, 1991 at Ogbala Ishieke in Abakaliki Judicial Division murdered Nathaniel Nwaekwo."

The case has a long and chequered history. The appellant and the said two others were first brought on 19th November 1991 on a two counts charge of conspiracy to commit a felony; to wit murder, contrary to S. 494 of the Criminal Code Cap. 36 vol. 1 Laws of Anambra State of Nigeria and murder contrary to S. 274(1) of the Criminal Code Cap. 36 vol. 1 Laws of Anambra State of Nigeria as applicable to Enugu State of…