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CHIKA ENYINNAYA v. THE STATE

(2014) JELR 36636 (CA)

Court of Appeal  •  CA/E/409/2007  •  28 Mar 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): Samuel Adukwu, Chika Enyinaya, Paul Ojoma (appellants herein) and Paul Eze were accused of murder of one Edwin Ugwo. By information dated 6-6-1999 and filed on 9-6-99, criminal proceedings were commenced in criminal case No. E/3C/99 against them at the High court of Enugu State in the Enugu Judicial Division at Enugu, charging them together with one count of murder as follows-

STATEMENT OF OFFENCE

"MURDER contrary to Section 274(1) of the Criminal Code Cap 36 Vol. 1 Laws of Anambra State of Nigeria,1986 applicable in Enugu State of Nigeria.

PARTICULARS OF OFFENCE

Samuel Adukwu, Chika Enyinnaya, Paul Ojoma and Paul Eze on or about the 14th day of August 1998 at Enugu in the Enugu Judicial Division Murdered one EDWIN UGWU.''

The prosecution elicited evidence through four witnesses. All the accuses testified in their own defence. The 4th accused also elicited further evidence through one witness. Following the close of the ev…

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