EMEKA NNAMANI V. THE STATE

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant along with nine other persons from Oruku Community of Enugu State were alleged to have invaded Umuode Community, in same Enugu State, on 2nd April, 2010 and started shooting sporadically within a disputed Aguefi Land. Consequently, one Ikechukwu Ugwu of Umuode Community was hit by a bullet on his stomach. He was rushed to the hospital and subsequently died as a result of the injury that he had sustained from the gun shot. Furthermore, the appellant and the same nine persons allegedly, damaged fence walls as well as landed property of some 40 persons in Umuode Community.

In consequence of the above narrative, on the 14th May, 2012, the appellant along with his nine colleagues were charged and arraigned on an amended information containing the offences of conspiracy, murder, arson, promoting local war and malicious damages, thus:

Count 1:

Conspiracy contrary to Section 494 of Criminal Code Cap 30 vol. II laws of Enu…