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ARTHUR ONYEJEKWE V. THE STATE

(1992) JELR 43189 (SC)

Supreme Court  •  SC.266/1990  •  6 Apr 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; EPHRAIM OMOROSE IBUKUN AKPATA JSC; UCHE OMO JSC;

Appearances
Dr. Obi Okongwu For Appellant C.O. Nweke (Mrs.), Deputy Director of Criminal Litigation, Ministry of Justice, Anambra State (with her, N.C. Onwuzo (Mrs.), Assistant Chief Legal Officer, Ministry of Justice, Anambra State) For Respondent

Judgement

U. OMO, J.S.C. (Delivering the Leading Judgment): The appellant and three others were originally charged in the Anambra State High Court (Onitsha Division) with the murder of a Police constable, Igwe Uduma, at Ogidi, on the 21st January 1984. Following a submission of no-case made at the end of the case for the prosecution at the trial, two of the accused persons were discharged and acquitted. The appellant and one other (Obi Okonkwo) then testified in their own defence, after which counsel were heard by the Court on their behalf. In its judgment delivered on 7th February, 1986, they were both found guilty of the offence as charged and sentenced to death accordingly. On appeal, the Court of Appeal allowed the appeal of the other convicted person, Obi Okonkwo, and he was discharged and acquitted whilst the appellant's appeal was dismissed. It is against this judgment that the appellant has appealed to this Court.

The only facts of the case that need be adverted to is that the appellan…

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