PETER OLABISI IGE, JCA (Delivering the Leading Judgment): The Appellant and eight other persons were arraigned before the High Court of Imo State in Owerri Judicial Division on 24th day of November, 2010 charged with the following offence to wit:
"STATEMENT OF OFFENCE
MURDER: contrary to Section 319(1) of the Criminal Code, Cap 30 vol. 11 Laws of Eastern Nigeria.
PARTICULARS OF OFFENCE
UCHENNA NDUKWU, CHIMA OKEBATA, JOHN EMESIOBI STANLEY NDUKWU EKENE NDUKWU, REUBEN OKASI, CHINYERE ADA NDUKWU, CHARLES OKASI AND VINCENT EMESIOBI.
On the 4th day of November, 2010 at Umudaga Awombieri in the Owerri Judicial Division did murdered one Chief (Sir) Augustine Ndukwu."
The plea of the Accused persons including the Appellant was taken on 31st day of October, 2011. It is pertinent to say that shortly before the said plea of the Accused persons was taken the Learned Director of Public prosecutions applied and was granted permission to withdraw the information against the 2nd and 4th Defendants whose nam…