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JAMES CHIOKWE v. THE STATE

(2004) JELR 45063 (CA)

Court of Appeal  •  CA/E/119/2003  •  16 Nov 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; JA'AFARU MIKAILU JCA;

Judgement

MIKA'ILU, J.C.A. (Delivering the Leading Judgment): The appellant, James Chiokwe, was arraigned before the High Court, Enugu, on a charge of murder of one Dorothy Ibekwe (F), an offence under section 319(1) of the Criminal Code, Cap. 30, Vol.11, Laws of Eastern Nigeria, 1963. At the trial eight witnesses testified for the prosecution while on the other side only the accused person testified in defence. At the end of the trial, in the judgment delivered on 5th March, 1985 by Hon. Justice B.O. Okadigbo, Judge, the appellant was found guilty of the offence of murder as charged and accordingly convicted. The appellant was dissatisfied with the said judgment and he accordingly filed his appeal before this court on two grounds which are as follows:

(1) That the decision of the trial Judge is altogether unwarranted, unreasonable and/or cannot be supported by law.

(2) That the purported confessional statement was induced by threat and therefore not admissable in law.

Briefs have been filed a…

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