SUNDAY ONUOHA & ORS. V. THE STATE

OPUTA, J.S.C. (Delivering The Leading Judgment): The four appellants and one Nlemuwa Amaefule were arraigned before Chianakwalam, J. charged with the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 30, Laws of Eastern Nigeria 1963 applicable to Imo State. The Particulars of offence alleged:-

Particulars of Offence Sunday Onuoha, Gabriel Egbunugwu, Okekenwa Kalu, Godwin Egbunugwu, Nlemuwa Amaefule on the 21st day of March, 1981, at Umuoparafor Umunoha, murdered Nwadike Ezealor.

The prosecution called a total of four (4) witnesses and closed its case. Each accused person also gave evidence in his own defence and closed his case. At the close of the defence the learned trial Judge then called two witnesses Nwezesi Onu Ezealor and Joel Iheanacho. After a review of the evidence on both sides and of the two witnesses called by the court suo motu, the learned trial Judge found the 5th accused "Not Guilty" and acquitted and discharged him. He however found the 1st, 2nd,…