judy.legal
Login Register

NDUBUISI DIKE v. THE STATE

(2014) JELR 36450 (CA)

Court of Appeal  •  CA/OW/162C/2013  •  11 Jul 2014  •  Nigeria

Coram
ITA GEORGE 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 Abia State High Court in charge NO. HUK/10C/2010, delivered on 25/1/2012 by Hon. Justice C.O. Onyeabo, wherein Appellant was convicted in a one count charge of murder and sentenced to death, by hanging.

Appellant (at the count below) was charge for causing the death of one Onyekwere Dike (Appellant's brother) on 25th day of December, 2009, at Umuhu compound in Mbam Abuo Ukwa East Local Government Area, within Ukwa Judicial Division, contrary to section 319 of the criminal code, volume 11 Cap 30 laws of Eastern Nigeria 1963 as applicable to Abia State.

The Appellant as accused person was arraigned on 19/1/2011 and he pleaded "Not guilty" to the charge. The facts of the case at the trial court was that Appellant killed his brother Onyekwere Dike for refusing to give him (accused) some money. Dike PW1 Mercy Dike Nwulu, (Appellant's mother) told the court:

"we all ate on that night and went t…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login