NWIBO OGBALI & ANOR V. THE STATE

BELLO, J.S.C.: (Delivering the Leading Judgment of the Court): The two appellants, namely, Nwibo Ogbali, who was the 2nd accused at the trial, and Ali Okoro who was the 3rd accused at the trial, were with 5 other accused persons jointly tried for the murder of one Ekuma Elom in the High Court of Anambra State, holden at Abakaliki. The trial court convicted the two appellants and two others of the offence. The Federal Court of Appeal allowed the appeals of the two others but dismissed the appeals of the two appellants and confirmed their convictions. We also dismissed the appeals of both appellants and reaffirmed their convictions on 17th February 1983. We indicated that we would give our reasons for doing so today. I now state my reasons.

I think it is pertinent to start with the evidence relating to the cause of death of the deceased. The post mortem examination on the body disclosed a fracture of the neck, fractures of both fore-arms and a rupture of the liver which caused internal …