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OGAH V. THE STATE

(2020) JELR 109996 (CA)

Court of Appeal  •  CA/E/125C/2018  •  24 Nov 2020  •  Nigeria

Coram
MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. ABUBAKAR SADIQ UMAR, J.C.A.

Judgement

UMAR, J.C.A.: (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Ebonyi State in the Ohuakwu Judicial Division, delivered by Honourable Justice H.A. Njoku on the 22nd March, 2018 wherein the trial court found the appellant guilty of the offence of murder and sentenced him to death by hanging.

Brief Facts of the Case

The appellant and one Sunday Nwali were arraigned before the trial court on one count information of murder contrary to section 319 of the Criminal Code, Cap. 30, Vol. II, Laws of Eastern Nigeria 1963 as applicable in Ebonyi State of Nigeria. The one count information which can be gleaned at page 2 of the record of appeal reads as follows:

Statement of Offence:

Murder contrary to section 319 of the Criminal Code Cap. 30, Vol. II Laws of Eastern Nigeria as applicable to Ebonyi State of Nigeria.

Particulars of Offence:

Simon Nwali and Sunday Ogah on or about the 13th day of September, 2008 at Ohafia Agbain Ishielu Local Government Area in …

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