ANSELEM AKALONU V. THE STATE

OGEBE, J.C.A.: (Delivering Leading Judgment): This is an appeal against the judgment of Alinnor, J., sitting at the High Court of Imo State holding in Owerri, delivered on the 13th day of May, 1996 wherein he convicted the Appellant, Anselem Akalonu of the murder of one Edmund Uzoma and sentenced him to death accordingly contrary to section 319(1) of the Criminal Code of Eastern Nigeria applicable to Imo State.

The case for the Prosecution in the court below was that on the 15th day of November, 1998, PW1, Gregory Nsoromuba, PW4 Kingsley Uzoma and the deceased, Edmund Uzoma were sent on an errand to a village called Irete. They were riding on a motorcycle driven hy PW 1. On their way back from Irete village to their home at Ndegwu within Owerri Judicial Division they got near one Primary School and were flagged down by the Appellant. When they stopped the Appellant switched off the ignition key of their cycle and took it. They struggled to get the key back from him when three other bo…