MATHEW NWALU V. THE STATE

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): The appellant was charged on one count charge in the High Court of Justice Enugu State, holden at Enugu as follows:-

Statement of offence

Murder -contrary to Section 274(1) of the Criminal Code, Vol.1 Laws of Anambra State of Nigeria 1986, applicable to Enugu State.

Particulars of offence

Mathew Nwalu, on the 8th day of October, 1996 at Ituku along Enugu-Agwu Federal High Way in the Enugu Judicial Division murdered Professor Ferdinand Ukah.

The appellant pleaded not guilty to the charge. The prosecution's case was that on the 8th day of October 1996,the appellant and the deceased were travelling from Enugu to Mgbowo when they allegedly had a fatal accident which claimed the life of the deceased, Prof. Ferdinand Ukah. According to the prosecution, the alleged accident was stage managed by the appellant and that investigations show that the appellant murdered the deceased and then made it look like an accident. The prosecuti…