RAPHAEL IKE V. THE STATE

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This judgment is in respect of a criminal appeal against the decision of the High Court, Imo State of Nigeria, holden at Owerri (hereinafter referred to as the Lower Court) delivered on the 25th day of June, 2013 by Hon. Justice C. J. Ohakwe, J.

The 4th accused person/appellant (hereinafter referred to as the appellant) along with ten other accused persons were initially charged with the offence of murder of one Okechukwu Osuji, contrary to Section 319(1) of the Criminal Code, Cap. 30 Volume II Laws of Eastern Nigeria, 1963 applicable to Imo State of Nigeria. In its bid to prove the appellants guilt, the prosecution/respondent (hereinafter referred to as the respondent) called four witnesses and tendered several exhibits. In his defence, the appellant testified for himself as D.W.3 and adopted his written statement to the police (that is, Exhibit E). At the close of trial, the learned counsel for the then respective …