CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): On the 29th day of March 2010, Oluwayemi J. of the High Court of Lagos State Ikeja Judicial Division convicted the appellant, Chinedu Eze and his brother Chukwudi Eze of the murder of Ndubuisi Nwawe contrary to Section 319(1) of the Criminal Code Cap C17, Vol 2 Laws of Lagos State 2003 and sentenced them to life imprisonment.
The facts of the case were that on or about 20th day of March, 2007 at Isheri Olofin, Isale Aro in the Ikeja Judicial Division of Lagos State, the daughter of the deceased claimed that she was beaten by the Appellant and his brother when she went to their shop to buy cups of rice. The wife of the deceased (Joy Nwawe) came out to inquire the cause but the Appellant denied beating the daughter. As they were arguing, the deceased came and challenged the Appellant to re-measure the cups of rice but the Appellant refused and in the process a fight ensued. It was alleged that the Appellant and his brothe…