ITA GEORGE MBABA J.C.A.(Delivering the Leading Judgment): Appellant and his father SYLVANUS EMESONYE, were charged on 12/7/2012 for murder and arraigned before the Imo State High Court, presided over by Hon. Justice T. N. Nzeukwu, on 6/11/12, where he and his father pleaded, individually ??NOT GUILTY to the charge. The information (Charge No.HM1/10C/2012), read as follows:
STATEMENT OF OFFENCE:
Murder contrary to Section 319 (1) of the Criminal Code Cap 30 Vol.11 Law of Eastern Nigeria 1963 as applicable in Imo State.
PARTICULARS OF OFFENCE:
Udochukwu Grant Emesonye and Sylvanus Emesonye on 23rd day of January 2012 at Ama Oboro Ubomiri in Mbaitoli/Ikeduru Judicial Division murdered one DONATUS OPARA
See page 2 of the Records of Appeal.
After hearing the case and considering the addresses of Counsel, the trial Court delivered judgment on 26/5/14 wherein it convicted the Accused persons for murder and sentenced them to death by hanging. On page 72 of the Records of Appeal, the trial Court sai…