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UGWUEZUMBA ONWUKIRU v. THE STATE

(1994) JELR 43346 (CA)

Court of Appeal  •  CA/PH/156/93  •  14 Jun 1994  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; RAPHAEL OLUFEMI ROWLAND JCA; MORONKEJI OMOTAYO ONALAJA JCA;

Judgement

EDOZIE, JCA (Delivering the Leading Judgment): In an information in charge No. HOG/2C/88 filed at the Oguta High Court of Imo State, the appellant was the first of the nine accused persons charged with the offence of murder contrary to section 319 of the Criminal Code, Cap 30, Vol. 11, Laws of Eastern Nigeria, 1963 applicable to Imo State. According to the particulars of the offence, it was alleged that the nine accused persons all of Uba Agwa in the Oguta Judicial Division did on 13th August, 1987 at Uba Agwa murder one David Njirizu hereinafter referred to as the deceased.

At the trial, the prosecution called five witnesses and the accused persons one. The case advanced by the prosecution may be epitomised as hereunder. On 7th August, 1987, at about 6 p.m., Chibuzor Nlemoha (PW1) was at his home in Uba Agwa eating. Suddenly, he heard a voice in Ibo saying 'beat him, beat him'. He came out to see what was happening. He got to a nearby orange tree and saw the appellant (1st accused) a…

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