CHUKWUMA EZEKWE V. THE STATE

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): On 11th July, 2012 the Court of Appeal sitting at Owerri dismissed the appeal (No.CA/OW/88/2009) of the Appellant herein and affirmed the conviction and sentence of the Appellant imposed on him by the High Court of Imo State on 31st March, 2009 in the charge No.HOW38C/2006. The Appellant and two others were tried and convicted for the offence of murder punishable under Section 319(1) of the Criminal Code Law applicable in Imo State. The person allegedly murdered was one Mrs. Cecilia Ogbonna.

In the early hours of 30th November, 2005 some persons broke into the apartment of the said Cecilia Ogbonna. She was attacked and injured on her head and other parts of her body. She did not die immediately. The PW.1, Mrs. Grace Igwe, who had come to the house of the deceased around 5.00a.m for a prayer session heard the said deceased groaning in pains. The door was stapled from outside without padlock. The PW.1 forced the door open. The decease…