MICHAEL ODIGIJI & ORS V. THE STATE

A. O. OBASEKI, Ag. J.S.C (Delivering the Leading Judgment): We now give our reasons for dismissing this Appeal on the 12th day of May, 1976 after hearing from the learned counsel for the Appellants and the learned Principal State Counsel who appeared for the Respondent that they had nothing useful to urge in favour of the Appellants.

The Appellants were tried (along with 2 others who were acquitted and discharged) by Araka, J., in the High Court of the former East Central State, Abakaliki Judicial Division holden at Abakaliki for the offence of the murder of Emeka contrary to Section 319(1) of the Criminal Code, and convicted on the 25th day of March, 1975. Against this conviction the 7 Appellants have brought this Appeal. We may here pause to look at the facts a summary of which is as follows:

The deceased, a tax clerk, attached to the Board of Inland Revenue Sub-Office at Nwofe in Izzi was on the 12th day of October, 1971 in charge of the Office in the absence of one Maduike who was…