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MICHAEL ASSAH v. THE STATE

(2015) JELR 44012 (CA)

Court of Appeal  •  CA/B/290C/2009  •  15 Jul 2015  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice F.O. Ohwo delivered on the 22/7/09 at High Court No.1 Ughelli, Delta State, wherein the Appellant was convicted for the murder of one Christopher Ojeabulu and sentenced to death by hanging. The facts that led to this are as follows:

The Appellant was arraigned before the Court on a one count charge, to wit:

STATEMENT OF OFFENCE

Murder punishable under Section 319(1) of the Criminal Code Cap. 48, Volume II Laws of the defunct Bendel State of Nigeria, 1976.

PARTICULARS OF OFFENCE

Michael Assah (m) on the 18th day of August, 2002 at Ughelli, within the Ughelli Judicial Division, murdered one Christopher Ojeabulu (m).

The Appellant pleaded not guilty to the charge read. To prove its case, the prosecution called three witnesses. P.W.1 Bose Iretegbe is a woman police constable serving in the same division as the Appellant, who was on night duty the night the deceaseā€¦

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