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ANTHONY NWACHUKWU V. THE STATE

(2007) JELR 17290 (SC)

Supreme Court  •  SC.4/2006  •  13 Jul 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

I. T. MUHAMMAD, JSC (Delivering the Leading Judgment): Facts surrounding this case as contained in the printed record of appeal before this court show that the appellant as an accused person, together with one other were charged before the High Court of Justice of Imo State holden at Owerri (trial court), on an information of a single count of murder, contrary to section 319(1) of the Criminal Code, Cap 30, Vol. II, Laws of Eastern Nigeria, 1963, applicable to Imo State. It was alleged that on the 20th day of January, 1983, the two accused persons murdered one Benjamin Iheama, at Plot 454, Ikenegbu Layout, Owerri. It was the case of the prosecution that the deceased, a full blood brother to Timothy Iheama (who testified as "PW1" and who shall hereinafter, be referred to as such in this judgment), was an apprentice trader. He later established his own trading business with the help of PW1. Thereafter, the deceased brought in the 1st accused with three other relations of his: Chibuzor N…

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