GOZIE OKEKE V. THE STATE

OLAGUNJU, JCA (Delivering the Lead Judgment) : The appellant was tried by Ezeani, J., sitting at Awka Judicial Division of the Anambra State High Court for the offence of murder of one Kenneth Ojukwu on 25/9/91, an act which is punishable under section 274(1) of the Criminal Code, Cap. 36 of the Laws of Anambra State, 1986. He was convicted and sentenced to death. The appeal is against that decision by the appellant, who filed 6 grounds of appeal from which he formulated 6 issues in his brief of argument but included one additional issue on page 9 of the brief marked as ‘issue 7’. The principal legal officer for the State framed five issues which in scope covered all but the 4th issue formulated by the appellant. The wider scope of the issues framed by the appellant informed my preference for their adoption. The 6 issues reads:

“1. Whether the learned trial Judge was right in law in convicting the appellant of murder on the sole ground that the offence was committed in a state or co…