OBINNA OKEKE V. THE STATE

ABUBAKAR JEGA ABDUL-KADIR J.C.A, (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Enugu State sitting at Awgu, coram, Onyia J. delivered on 1st day of February, 2011.

The facts leading to this appeal are stated thus -

The Appellant was charged to court in a single count of murder contrary to Section 274(1) of the Criminal Code Cap. 30 Volume II Laws of Enugu State.

On the 27/10/2009, his plea was taken and he pleaded not guilty to the offence. The trial commenced with PW1 testifying.

At the end of the testimony of PW1, no other witness had testified for the prosecution nor was any documentary evidence tendered as an exhibit apart from the statement of PW1 which was received in evidence and marked Exhibit "A"

At the close of the case for the prosecution the Appellant's counsel had made a no case submission in his favour to which the state counsel replied and on the 1st day of February the learned trial Judge had relied heavily on the "Statement"…