JAMES CHIOKWE V. THE STATE

MARY UKAEGO PETER-ODILI, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the Judgment of the court of Appeal delivered on the 16th day of November, 2004 upholding the conviction and sentence passed on the Appellant for the offence of murder contrary to Section 316 (1) and punishable under Section 319 (1) of the Criminal Code, Cap 30 Vol.2, Laws of Eastern Nigeria, 1963.

FACTS:

The Appellant was tried in the High Court of Enugu State in the Enugu Judicial Division holden at Enugu for the offence of murder contrary to Section 316 (1) and punishable under Section 319(1) of the Criminal Code Law, Cap.30, Volume 2, Laws of Eastern Nigeria, 1963. From the particulars of offence, the Appellant was alleged to have murdered one Dorothy Ibekwe, a 15 year old secondary school girl on or about the 5th day of March, 1983 at Ugbo Edem Nike in the Enugu Judicial Division. The said Dorothy had been raped and murdered.

On the 3rd day of July, 1984 the charge was read and explained…