ONWUCHEKWA CHUKWU & ANOR. V. THE STATE

SAULAWA, J.C.A. (Delivering the Leading Judging): At the High Court of Abia State, Umuahia Judicial Division, Coram D. E. Njiribeako, J. the two appellants were charged with the offences of conspiracy and murder of one Nwachukwu Eke contrary to the provisions of sections 516(a) and 319(1) of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963, as amended. At the trial a total of eleven witnesses testified for the prosecution. The appellants testified in their own defence but called no any other witness. At the conclusion of the trial both appellants were convicted and accordingly sentenced to death by hanging. Not unnaturally, being dissatisfied with the said conviction and sentence, the two appellants have caused the records of the trial court to be transmitted to this court urging on us to quash the conviction and sentence passed thereon. It's instructive that on 26/9/06 when this appeal came up for hearing, learned counsel adopted the briefs of arguments for the appellants an…