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IJEKPA OBASI v. THE STATE

(2014) JELR 36344 (CA)

Court of Appeal  •  CA/OW/335C/2011  •  15 Oct 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK O. OHO JCA;

Judgement

ITA GEORGE MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Abia State High Court in charge No.HOH/2C/2004, delivered on 14/1/2011 by Hon. Justice K.C. Nwankpa, wherein the trial Court convicted the Appellant and one other of the offence of murder, contrary to Section 319 (1) of the Criminal Code, Cap 30 Vol.11, Laws of Eastern Nigeria, 1963, applicable to Abia State. Appellant was sentenced to death by hanging.

At the Court below, Appellant was charged, along with one other; for killing one Agbaeze Kalu Ukariwo and one Itum Kalu Okoroafor on 22nd September, 2003, at Amogudu Abiriba Ohafia Judicial Division, all contrary to Section 319(1) of the Criminal Code, Cap 30 Vol. 11 Laws of Eastern Nigeria 1963, applicable in Abia State. They were also charged for conspiracy to commit the murder contrary to Section 516(A) of the said Criminal Code, which was later withdrawn.

Appellant (as accused person) pleaded not guilty to the charge on 24/1/2008 when…

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