BONIFACE NWACHUKWU V. THE STATE

AYOBODE O. LOKULO-SODIPE, JCA (DELIVERING THE LEADING JUDGMENT): The appeal is against the judgment delivered on 29/3/2004 by the High Court of Justice, Imo State, presided over by Hon. Justice A.O.H. Ukachukwu (hereafter to be simply referred to as the lower Court and learned trial Judge respectively), convicting the Appellant (who was the 2nd accused person in Charge No: HOW/1^C/2004) for the offence of murder and sentencing him to death therefore as prescribed by the Criminal Code, Cap. 30, Vol. II, Laws of Eastern Nigeria, 1963, under which he and two other accused persons were charged.

In the one count Information on pages 3 and 4 of the record, one Vincent Ogueri (1st accused); Boniface Nwachukwu (2nd accused person and now Appellant); and Tajudeen Oladipo (otherwise called Johnson Chima) 3rd accused person; were jointly charged with the murder of one Chief Ogbonnaya Uche (alias OGB). The charge was withdrawn against the 3rd accused person in the Information, on 31/5/2004 given hi…