ALBERT EZEALA V. THE STATE

ONALAJA, J.C.A. (Delivering the Leading Judgment): The Appellant was convicted and sentenced to death on 21st day of February, 1991 by Pats-Acholonu, J., (as he then was) sitting at Etiti High Court of Imo State of Nigeria on a charge that on the 3rd day of January, 1982 at Isiebu Umuduru, appellant murdered his wife Comfort Ezeala contrary to Section 319 of the Criminal Code of Imo State. Being dissatisfied with the said conviction, he appealed to this court.

It transpired at the trial before Justice Pats-Acholonu (as he then was) that due to inadvertance, commission and omission the charge was neither read nor explained to the Appellant and in fact his plea was never taken.

In proving its case the prosecution hereinafter referred to in this judgment as the Respondent called five witnesses. The 5th PW Police Officer in the team that investigated the case tendered the statement of the Appellant to Police during the conduct of investigation of the case by the police. As the statement t…