NGWUTA JSC (Delivering the Lead Judgment): The original information filed on 28 November 1994 contained one count, charging the appellant and five others with murder contrary to section 274(1) of the Criminal Code, Cap. 36, Vol. 1, Laws of Anambra State of Nigeria, 1986. On 6 March 1995, the learned prosecutingcounsel applied for, and was granted leave to regularise the amended information filed the same day. The amended information also had a one count charge ofmurder against the appellant and six others. On 13 March 1995, the appellant and each of his six co-accused persons pleaded not guilty to the charge.
Trial commenced before Ezeani, J of the High Court of Anambra
State, sitting at Otuocha, Anambra State, on 16 March 1995. The State called eleven witnesses and rested its case on 29 February 1996. Learned counsel for all the accused persons made a no-case submission on 4 March 1996, which was overruled by the learned trial judge on 18 April 1996. The defence opened its case on 2 …