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LINUS AMAECHI V. THE STATE

(2014) JELR 42412 (CA)

Court of Appeal  •  CA/OW/136/2010  •  10 Feb 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): The accused person, one Linus Amaechi who is presently the Appellant was charged in the High Court with the murder of one Georginia Iwuala. The Appellant was then tried in the Imo State High Court, found guilty and was sentenced to death on the 27th day of February 2009. The accused had pleaded not guilty to the charge. Being dissatisfied with his conviction and sentence, he consequently filed an appeal against same on the 22nd day of May 2009.

The brief facts that culminated in this appeal are as follows. The deceased Georginia Iwuala, a girl friend of the accused person visited the accused in his house at about 9.pm on the 8th day of November 2001. The corpse of the deceased was later found in the market place at Ngor Okpala the following morning with bruises on the forehead and a severe head injury. Investigation by the police revealed that the Appellant had earlier visited the deceased at about 4pm on that fateful day…

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