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ESONU CHUKWUNYERE v. THE STATE

(2014) JELR 36412 (CA)

Court of Appeal  •  CA/OW/97C/2013  •  6 Aug 2014  •  Nigeria

Coram
ITA G. MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Imo State High Court in charge No. HO/13c/2004, delivered on 11/7/2007 by Hon. Justice Ngozi Opara, wherein her Lordship convicted Appellant, for offence of murder and sentenced him to death by hanging.

Appellant (as Accused person) was charged along with Obineche Chukwunyere for the murder of one Beatrice Kwemma by killing her using an axe, contrary to Section 319 of the Criminal Code, Cap 30 Vol. 11 Laws of Eastern Nigeria 1963, applicable in Imo State of Nigeria. The offence was said to have been committed on 14/1/2002, at Ozara Ihube, Okigwe of Okigwe Local Government Area in Okigwe Judicial Division of Imo State.

Appellant had pleaded Not Guilty to the charge, and in his statement to the police, upon his arrest on 17/1/2002, Counsel said, he raised a defence of alibi. The statement was admitted as Exhibit 4 at the trial. Appellant said the Police refused or neglected to investigate t…

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