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OBIORA OBIANWU v. THE STATE

(2016) JELR 36770 (CA)

Court of Appeal  •  CA/E/8C/2008  •  13 May 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Anambra State High Court delivered on 26/7/2000 by Hon. Justice C. E. Iyizoba wherein Her Ladyship convicted the appellant for murder and sentenced him to death by hanging. The facts that led to this appeal are as follows:

The undisputed facts as found by the learned trial judge are that P.W.1 and the appellant were friends. The appellant owed P.W.1 a pair of jeans while the appellant owed the deceased N200.00. The deceased went with P.W.1 to the house of the appellant to retrieve the jeans. An altercation ensued between the three of them. The appellant stabbed the deceased with a broken bottle and the latter died. The learned trial judge accepted the version of P.W.1 as against that of the appellant to hold that the assault by the appellant which caused the death of the deceased could not be excused by self defence, provocation or accident and convicted the appellant of …

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