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OFOKE NWAMBE v. THE STATE

(1995) JELR 34591 (SC)

Supreme Court  •  SC.109/1994  •  10 Mar 1995  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

ONU, JSC (Delivering the Leading Judgment): This appeal is from the judgment of the Enugu Judicial Division of the Court of Appeal dated the 28th of March, 1994 dismissing Ofoke Nwambe (appellant's) appeal against the judgment of the High Court of Enugu State sitting at Abakaliki. The trial High Court had on 4th May, 1987, convicted the appellant of the murder of one Nweke Ottah punishable under section 319 (1) of the Criminal Code and accordingly sentenced him to death.

The case for the prosecution briefly put is that on or about the 9th of February, 1986, one Egwu Nwankwo Agu, (PW3), organised a party to mark the giving-out of his daughter in marriage and for that purpose, invited his friends among whom was PW2 (Nwoba Ngiga) to his home in Mkprumeh Village in Inyimagu Izzi, for the celebration. The appellant who later arrived at PW3 's house uninvited, after being served with food and wine, demanded of PW2 for palm wine to be purchased with his (PW2's) money. When PW2 refused to acc…

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