MARY CHUKWU V. THE STATE

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Enugu State High Court presided over by Hon. Justice E. C. Ubaezonu (as he then was) sitting in the Enugu Division of the defunct Anambra State High Court contained in his judgment of 9th May, 1989. The appellant was charged, tried and convicted of the offence of murder punishable under section 319 of the Criminal Code Cap 36 Vol. II Laws of Eastern Nigeria, 1963 as applicable in Anambra State. The charge was to the effect that Mary Chukwu, the appellant, murdered one Priscilla Ibe at Eziama Nenwenta, Agwu in Enugu Judicial Division on the 13th day of July, 1983. The trial commenced on the 23rd day of November, 1987 when the appellant’s plea was taken as shown at page 29 of the record of proceedings.

To prove its case, the prosecution offered six witnesses, while the defence at the close of the prosecution’s case also called a total of three witnesses inclusive of the appellant herself. A brie…