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Charles Anyaele & Anor v. The State

(1973) JELR 40014 (SC)

Supreme Court  •  SC.299/1971  •  23 Feb 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The two appellants were two out of six persons charged with, and tried of, the murder of one Samuel Alagor. The Information alleges that on 23rd June, 1970 at Ezira Orumba in the Onitsha Judicial Division, they murdered Samuel Alagor. At their trial, five witnesses gave evidence for the prosecution, two of them being eye-witnesses of the events that led to the death of Samuel Alagor. One of the witnesses was Alagor Okpara the father of Samuel and the present appellants were the 2nd and 4th accused persons respectively. Alagor Okpara saw the accused persons when about noon on the day of the murder they came with others to his house and forcibly removed his son and took him away. The witness testified that he even spoke to the 2nd appellant and asked him why he was perspiring so profusely. As for the 1st appellant, the witness said he spoke to him and he replied then that they had come to fetch Samuel as "all those that joined th…

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