OBIORA CHIBUIKE V. THE STATE

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice A.N. Nwankwo, Chief Judge of the High Court of Ebonyi State in Charge No. HAB/15C/2013 delivered on 28/11/2014 convicting the Appellant of the offence of Murder and sentencing him to death by hanging.

The facts leading to this appeal are as follows:-

The Appellant and one other were arraigned before the Ebonyi State High Court on one count charge of the offence of Murder. The charge is reproduced below:-

STATEMENT OF OFFENCE

Murder contrary to Section 319(1) of the Criminal Code Cap. 33 Vol. 1 Laws of the Ebonyi State of Nigeria 2009.

PARTICULARS OF OFFENCE

OBIORA CHIBUIKE AND USULOR CHINEMEREM on the 4th day of July, 2011 at T.T.C Igbeagu in Abakaliki Judicial Division murdered UCHENNA IDIKE.

The case of the Respondent at the trial Court was that the Appellant had a quarrel with the deceased at the house of the 2nd Accused person (DW2) who was girlfriend to both the A…