NONSO OKEKE V. THE STATE

MUHAMMAD JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, hereinafter referred to as the court below, affirming the conviction and sentence of the appellant by the High Court of Lagos State, the trial court, in charge No. LCD/56/2006. Whereas, the trial court’s judgment was delivered on 13 April 2010, the lower court’s judgment being appealed from to this court on thirteen grounds was delivered on 25 June 2012. A brief summary of the facts leading to this appeal is given at once below. Respondent’s case is that appellant conspired with one Nkenna

Onyegbu, now deceased, to murder Chinwe Ofomata. Two witnesses gave evidence to prove the case against the appellant: PW1, Ubaka Onyegbu the brother of Chinwe Ofomata, killed on 28 October 2004 and PW2, the investigating police officer from the Yaba Police Station Criminal Investigation Department. The prosecution’s case is built on exhibits A - A2 and B, appellant’s statement…