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JUSTIN EKEOZOR v. THE STATE

(2016) JELR 36817 (CA)

Court of Appeal  •  CA/E/160C/2015  •  29 Apr 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice L. O. Okereke of Enugu State High Court delivered on 27/6/2014 wherein His Lordship convicted the Appellant for murder and sentenced him to death by hanging. The facts that led to this appeal are as follows:

?The Appellant was arraigned before the trial Court on information and proof of evidence containing a one-count charge. The Appellant pleaded not guilty to the charge. To prove its case, prosecution called 7 witnesses [P.W.1 to P.W.7) while the accused/appellant testified for himself and called no witnesses. The undisputed facts are that on the night of the 17th, day of February, 2012, P.W.1 and P.W.2 were on duty with the appellant along Aku Street Ogui New Layout, Enugu when they saw the deceased, Inspector Clement Onwuegbuta walking home through the rail line having concluded his day's duty at Uwani Police station. The appellant, P.W.1 and P.W.2 who were a…

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