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LINUS NTIBUNKA & ANOR. v. THE STATE

(1972) JELR 41145 (SC)

Supreme Court  •  SC.338/1971  •  14 Jan 1972  •  Nigeria

Coram
IAN LEWIS JSC; UDO UDOMA JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): On the 31st of August, 1971, Balonwu, J., in the Owerri High Court convicted Linus Ntibunka and Cyprian Ejianu of the murder of Okwerenkedia U. Agwu in Charge No. HOW/8C/71, and on the 6th of January, 1972, we dismissed the appeals of the two accused and now give our reasons for so doing.

The case for the prosecution turned on circumstantial evidence as no one witnessed the actual killing of the deceased woman. She had on the 18th of March, 1970 gone off to farm having been warned before she went by the 1st accused in the presence of the 1st P.W. not to go near the breadfruit trees or she would die. The 1st P.W. who was the maid of the deceased who was in fact her aunt followed her later that day to the farm to take her food but when she got there she could not find her though she saw the wearing apparel of the deceased by some bloodstains on the ground. She ran off to seek help and when she got to the road she saw the two accuse…

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