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NKWUDA EDAMINE V. THE STATE

(1996) JELR 33668 (SC)

Supreme Court  •  SC.58/1994  •  5 Mar 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was charged with the offence of the murder of his wife, Nwebonyi Nkwuda on or about 21st November, 1985 at Ishieke, Izzi in the Abakaliki Judicial Division of the High Court of the then Anambra State. He was found guilty of the offence and sentenced to death. His appeal to the Court of Appeal, Enugu Division was dismissed and he has further appealed to this court.

The only issue for determination submitted by the learned counsel for the appellant is whether the case against the appellant was proved beyond reasonable doubt and whether the confessional statement attributed to the appellant was rightly so attributed.

The appellant is a blind man aged about thirty five years. The victim was his wife. The prosecution's case as narrated by Louis Edamine (P.W. 2) is that he was in his house on the day of the incident when one Nkwuda Nshi told him something about the appellant and his wife (deceased). The witness went to his fa…

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