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OSITA EMORDI v. THE STATE

(2000) JELR 44154 (CA)

Court of Appeal  •  CA/PH/45/99  •  30 Mar 2000  •  Nigeria

Coram
JAMES OGEINYI OGEBE JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellant and his younger brother and younger sister were tried before the Imo State High Court sitting at Owerri for murder. The two brothers and their sister were alleged to have murdered one Nicholas Ojunkwu. The prosecution called 7 witnesses. Only PW1 and PW2 were eye witnesses. The defence called three.

The case for the prosecution, as put forward by PW1 and PW2, was as follows: On the fateful day PW1, a boy of 10, went out into the street with his ball to play. As he bounced his ball around, waiting for his playmates to show up, the 2nd accused came along and took the ball from him. He pleaded repeatedly but unsuccessfully to have his ball back. Instead of letting him have it back, the 2nd accused cut it up with a knife he had. To add insult to injury, the 2nd accused slapped him and brought him down with a kick to the legs. He pressed him to the ground and threatened to cut him with the knife. This made the boy to cry out…

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