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FRIDAY NWANKWO v. THE STATE

(2017) JELR 37241 (CA)

Court of Appeal  •  CA/E/463/2015  •  11 Apr 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State delivered by Hon. Justice Ezeudu on the 30/9/14 wherein the learned trial Court sentenced the Appellant to death by hanging.

The Appellant was arraigned with twelve (12) other persons before the High Court of Ebonyi State Holden at Abakaliki on 23/2/2011 on a one count charge of murder of one Christopher Nwakwegwu contrary to Section 319(1) of the Criminal Code (Cap 30) vol. II Laws of Eastern Nigeria 1963 as applicable in Ebonyi State of Nigeria. The facts that led to this appeal are as follows:

On 3/4/2009, one Christopher Nwankwegwu was attacked and brutalized by an angry mob of 300 to 1000 persons at Okposi Umuogbara in Ezza North Development Centre of Eza North Local Government Area of Ebonyi State. He was put in his vehicle which the mob set on fire and he was burnt to death inside the vehicle. The 10th accused person at trial had alleged that…

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