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UCHE NWODO v. THE STATE

(2018) JELR 38303 (SC)

Supreme Court  •  SC.85/2016  •  14 Dec 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC; SIDI DAUDA BAGE JSC;

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant, an apprentice, and his Master, Emeka Mba, were arraigned before an Anambra State High Court and charged with murder of Emeka Nnadozie [deceased]. The Appellant allegedly hit the deceased on the head with a "cement baluster while the deceased was fighting with his Master over a debt of ₦4,000.00.

After a trial in which the Prosecution called three Witnesses, and the Defendants testified in their own defence, the trial Court found the Appellant's Master, who was first Defendant, not guilty and discharged and acquitted him. But the Appellant was found guilty as charged, and he was convicted and sentenced to death.

The Appellant's Appeal to Court of Appeal was dismissed. He appealed to this Court with a Notice of Appeal that contains four Grounds of Appeal, and he has formulated two Issues for Determination in his Brief of Argument, which the Respondent adopted in its own Brief of Argument, and the said Issues are:

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