ANTHONY OKORO V. THE STATE

BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant was charged and arraigned with three other persons on a one count charge which read as follows:

STATEMENT OF OFFENCE:

Murder contrary to Section 319 (1) of the Criminal Code. Cap.30 Vol. 11, Laws of the Eastern Nigeria 1963 as applicable to Imo State of Nigeria.

PARTICULARS OF OFFENCE

Anthony Okoro, Mbadiwe Okoro, Friday Okoro and Godwin Okoro on 14th day of October, 1987 at Umulolo in the Okigwe Judicial Division murdered Obediah Ofoegbe. Trial commenced on the 26th of October, 1993 in a High Court at Iho, Imo state, Onumajulu J presided. Ten witnesses testified for the prosecution. Godwin Okoro was subsequently withdrawn from the charge and discharged. The remaining three accused persons gave evidence in their defence. A fourth witness also testified for the accused persons. Thirteen exhibits were received in evidence.

In a considered judgment delivered on the 17th of November, 1997 the learned trial judge a…