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UKAOBASI AJUNWA V. THE STATE

(1988) JELR 42801 (SC)

Supreme Court  •  SC.183/1987  •  29 Sep 1988  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; EBENEZER BABASANYA CRAIG JSC;

Appearances
Chief C. O. Akpamgbo, S.A.N. (with him. I. Ogbuagu and A. Harris Eze) For Appellant A. I. Ezenagu, D.D.P.P., Ministry of Justice, Imo State, Owerri For Respondent

Judgement

A. O. OBASEKI, Ag. CJN (DELIVERING THE LEADING JUDGMENT): On the 30th day of June, 1988, this appeal was heard by this court and after considering the submissions of counsel for the parties in their briefs of arguments filed in this court and those made at the oral hearing before us together with the judgment of the Court of Appeal and the proceedings in that court and the High court; I found no merit in the appeal. I then dismissed the appeal and adjourned the delivery of my reasons for the judgment till today. I now proceed to give them.

The appellant was tried on information for the offence of murder of one Samuel Aminako Agwu contrary to section 319(1) of the Criminal Code Cap 30 Vol. 2 Laws of Eastern Nigeria 1963 before the High court of Justice of Imo State holden at Umuahia and convicted by Ononuju, J. He was then sentenced to death.

Being dissatisfied with the conviction and sentence the appellant appealed grounds. As the particulars given are rather prolix, I shall set out her…

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