MR. SUNDAY IKENNE V. THE STATE

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division, hereinafter referred to as the lower Court, dismissing appellant's appeal against the decision of the Anambra State High Court, hereinafter referred to as the trial Court.

The appellant and three others were arraigned before the trial Court for the murder of one IFEANYICHUKWU UDECHUKWU contrary to Section 274(1) of the Criminal Code Cap 36 Vol. 2 Revised Laws of Anambra State 1991. The four pleaded not guilty and the case proceeded to trial. The prosecution called six witnesses while each of the four accused gave evidence in his own defence. Three other witnesses also testified on behalf of the accused persons. At the end of trial including final addresses of counsel, the Court on the 19th November 2012 delivered its judgment discharging the 1st, 3rd and 4th accused persons but convicting and sentencing the appellant as charged.

This appeal is a…