ANANABA OHUKA & ORS V. THE STATE (NO.2)

A. G. O. AGBAJE, J.S.C. (Delivering the Leading Judgment): The appellants, Ananaba Ohuka, Ukachukwu Onyegbule, Boy Ogbuchi, Chika Uwadineke, Enyinnaya Uwadineke, Onuoha Nwosu and Peter Sabi stood trial along with three others in the High Court of Justice of Imo State sitting at Umuahia for the offence of murder contrary to Section 319(1) of the Criminal Code. The particulars of the offence with which the accused persons were charged said that they on or about the 5th day of November 1978 at Umunwanwa Umuopara in the Umuahia Judicial Division murdered one Okebugwu Nwosuagwu.

The case was tried by Ononuju, J. and the trial commenced on 22nd June, 1979. The 1st-7th appellants were the 1st, 3rd, 4th, 5th, 6th, 8th and 10th accused persons respectively at the trial Court, the other accused persons being the 2nd, 7th and 9th accused persons. At the close of the case for the prosecution on 28/10/80, further proceeding was adjourned till the following day 29/10/80. On that day counsel for the…