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OKOAGWU AZU v. THE STATE

(1993) JELR 50549 (SC)

Supreme Court  •  SC.131/1992  •  15 Jul 1993  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; UCHE OMO JSC; MICHAEL EKUNDAYO OGUNDARE JSC;

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The appellant stood trial before the High Court of Imo State in the Afikpo Judicial Division for the murder of one Ude Agwu. He pleaded not guilty to the charge. At the trial the prosecution called eight witnesses and closed its case. The appellant testified in his own defence and called a witness. At the close of the defence and after addresses by learned counsel for both the defence and the prosecution, the learned trial Judge in a reserved judgment found the charge proved and convicted the appellant of the murder of Ude Agwu. He was sentenced to death by hanging.

Dissatisfied with this judgment the appellant appealed to the Court of Appeal (Port Harcourt Division). That Court dismissed the appeal. He has now further appealed to this court upon four grounds of appeal which, without their particulars, read as follows:-

"(A) The Court of Appeal erred in law when it affirmed the decision of the trial court which convicted and sentenc…

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