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INNOCENT OKEBATA v. THE STATE

(2013) JELR 35334 (CA)

Court of Appeal  •  CA/OW/25/2011  •  7 Jun 2013  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; JOHN I. OKORO JCA; PHILOMENA M. EKPE JCA;

Judgement

UWANI MUSA ABBA AJI,(PJ) J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State, Owerri, presided over by Hon. Justice A.O.H. Ukachukwu delivered on the 21st day of July, 2009 in charge No. HOW/19C/2005 wherein the Appellant was convicted and sentenced to death by hanging.

The Appellant was charged with the offence of murder of one Sunday Onuoha contrary to Section 319(1) of the Criminal Code Laws of Eastern Nigeria, 1963, as applicable to Imo State of Nigeria. The Appellant pleaded not guilty to the charge.

The facts as can be deduced from the evidence of the prosecution's witnesses are that, the deceased. Sunday Onuoha, left his house around 7pm on 17th July, 2003 after informing his wife,Justina Onuoha (PW.1) that his kinsman,Solomon Okebata sent for him in his house. At about 8pm, Justina Onuoha heard a distress call from the deceased calling on her that the Appellant Innocent Okebata, Anyiam Nwadike and Ekweaba Nwadike had …

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