NATHANIEL MBENU & ANOR V. THE STATE

A. NNAMANI, J.S.C. (Delivering the Leading Judgment): In Suit No. HCR/27C/82 in the Orlu Judicial Division of the High Court of Imo State, the appellants were charged with the following offence -

"STATEMENT OF OFFENCE

Murder contrary to Section 319 of the Criminal Code

PARTICULARS OF OFFENCE

Nathaniel Mbenu and Daniel Nwokem on or about the 8th day of July, 1981 at Abajah in the Nkwerre/lsu Local Government Area in the Orlu Judicial Division, murdered one Camillus Abazie."

At the trial before Jonah Johnson, J. 6 witnesses gave evidence for the prosecution, while the two accused persons gave evidence on their own behalf and called 5 witnesses. After evaluating all the evidence before him, the learned trial Judge convicted the appellants and sentenced them to death. The appellants appealed to the Court of Appeal, Enugu Judicial Division which on 9th February, 1987 dismissed their appeal. The appellants have now appealed to this Court.

One original ground of appeal was filed, and by lea…