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(2021) JELR 106868 (SC)

Supreme Court  •  SC.424/2017  •  15 Jan 2021  •  Nigeria

Olabode Rhodes-Vivour, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Chima Centus Nweze, JSC Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC


CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant herein was the defendant among twelve others, in an offence of murder of one Christopher Nwankegu (deceased) charged before the High Court of Ebonyi State.

The appellant was charged by one count information dated the June 4th, 2010, for beating and burning of the deceased by angry mob at Okposi, Umuoghara in the Abakaku Judicial Division, on the 3rd of April 2009. He pleaded not guilty.

The respondent in proof of its case called five (5) witnesses to wit PW1 (Andrew Nwankwegu brother of the deceased person) PW2 (CPL Uko Emmanuel), PW3 (Asp Madago Kerkite), PW4 (SGT Kure Army) and PW5 (DR. Festuse Iyare) after the close of the Prosecution, the defence opened its case and defendant testified as DW1 and DW2, DW3 respectively. The appellant was the DW4/7th Accused person.

The trial Judge found the appellant guilty as charged and sentenced him to death by hanging. Dissatisfied with the decision of the trial Court he a…

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