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MONDAY NWEDE V. THE STATE

(2018) JELR 46301 (CA)

Court of Appeal  •  CA/E/57C/2016  •  22 Feb 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
B.C. Uzuegbu, Esq. For Appellant I.I. Alobu Esq. (DPP, Ministry of Justice, Ebonyi State) with him, Nwaneka Chukwuba (Assistant Chief State Counsel, Ministry of Justice, Ebonyi State) For Respondent

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice I. P.Chima of the Ebonyi State High Court, delivered on 30/09/2015 wherein the learned trial judge found the Appellant guilty of the offence of Murder and sentenced him to death by hanging. Below are the facts that led to this appeal:-

The Appellant was arraigned before the Ebonyi State High Court on one count charge of the offence of Murder. The charge is reproduced below:-

STATEMENT OF OFFENCE

Murder, contrary to Section 319(1) of the Criminal Code Cap.33 Vol. I Laws of Ebonyi State of Nigeria, 2009.

PARTICULARS OF OFFENCE

Monday Nwede on the 14th day of June, 2009 at Obegu Amaeze, Ishiagu in Ivo Judicial Division murdered Ihudie Okorie.

The case of the Respondent at the trial Court was that on 14/6/2009, the body of the deceased, Mrs. Ihudie Okorie was recovered from her room at Obegu Amaeze Ishiagu in Ivo Local Government Area of Ebonyi State. The Appellant did far…

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