TOCHUKWU OKO V. THE STATE

MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C. (Delivering the Lead Judgment): The appellant (Tochukwu Oko) and one Samuel Udeh were the defendants in Charge No: HAF/1C/2017 filed in the High Court of Ebonyi State, holden at Afikpo. The information of the charge filed against the defendants was as follows:

"STATEMENT OF OFFENCE

Murder Contrary to Section 319 (1) of the Criminal Code Law Cap. 33 Vol. 1 Laws of Ebonyi State of Nigeria, 2009.

PARTICULARS OF OFFENCE

TOCHUKWU OKO and SAMUEL UDEH on the 30th day of September, 2016 at Amebor Ndibe Afikpo in the Judicial Division murdered PHILIP UGWU ABANI."

The prosecution fielded five witnesses and tendered some documents as exhibits in support of its case, while each defendant testified in his own defence called no additional witness. After taking evidence of the prosecution witnesses and the accused defendants; and the addresses of the learned counsel for the parties, the trial Court, per Hon. Justice Benson A. N. Ogbu, delivered a reserved judgment on …