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IHEONUNEKWU NDUKWE V. THE STATE

(2009) JELR 49506 (SC)

Supreme Court  •  SC.20/2007  •  13 Feb 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC IKECHI FRANCIS OGBUAGU JSC IBRAHIM TANKO MUHAMMAD JSC PIUS OLAYIWOLA ADEREMI JSC MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC

Appearances
Dr. I.N. Ijiomah, with him, Mrs. O.O. Ibiam For the Appellant; Chief Okey Amaechi (Attorney-General for Abia State), with him, U.T. Nwachukwu, Director, Citizens Rights, Ministry of Justice, Abia State I.C. Nwachukwu, (Assistant Director Civil Litigation), Emenike Okoro, Esqr. (Chief State Counsel) and Nkiru Akinola (Mrs.), Assistant Chief State Counsel For the Respondent.

Judgement
<p><strong>M. S. MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment):</strong> The Appellant herein was arrested and arraigned properly before the High Court of Justice in Isiala Ngwa High Court Abia State for murder punishable with death in that he caused the death of one Michael Anaba on 25/9/82.</p><p> The prosecution called three (3) witnesses including the Registrar of Isiala Ngwa High Court who tendered the Certificate of Record of previous evidence of the I. P. O and the evidence of the medical doctor in previous proceedings in the case before another judge as well as the statement of the accused person to the police.</p><p> As stated earlier, hearing started in earnest. At the end of the prosecution&#x27;s case, the accused person now appellant testified in his own defence and called no witness. Both counsel for the appellant and the prosecution copiously addressed the court on several contentious issues and the possible defence of the appellant. </p><p> At the end of the trial and addresses of learned counsel, and…</p>

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