AKPIRI EWE V. STATE

I. L. KUTIGI, J.S.C.(Delivering the Leading Judgment): The appellant was at the Abakaliki High Court charged with the offence of murder contrary to Section 319 of the Criminal Code. Cap. 30 Laws of Eastern Nigerian 1963. He was found guilty and sentenced to death. His appeal against sentence and conviction to the Court of Appeal, Enugu Division was dismissed. He has now further appealed to this Court.

Briefs of argument were filed and exchanged by the parties.These were adopted at the hearing. Oral submissions were also made in addition thereof.

At the hearing, which was on 28th day of May, 1992, the Court suo motu drew attention of counsel to page 3 lines 25-30 of the record where the plea or the appellant was recorded and then asked to be addressed on whether or not the appellant was properly arraigned as provided for by Section 215 of the Criminal Procedure Act.

Mr. C. C. Eneh learned assistant Chief Legal Officer for the respondent conceded that section 215 of the Criminal Proc…