NWOYE IGWEZE ONYEKWE V. THE STATE

AGBAJE, J.S.C. (Delivering the Leading Judgment): The appellant, Nwoye Igweze Onyekwe, was charged with the murder of one Prescillia Onyeonwu on the 10th day of May, 1981 at Ifite Division of the High Court of Justice of Anambra State contrary to Section 319(1) of the Criminal Code. He was tried by Achi-Kanu, J. sitting at an Onitsha High Court. In his judgment dated 12th day of December, 1984, the learned trial Judge found the appellant guilty as charged.

It will appear that at the trial court there was no dispute that the deceased died at the hands of the appellant under circumstances which, barring the success of any defence or defences open to the appellant, would amount to murder of the deceased by the appellant. The defence of the appellant to the offence with which he was charged was that of insanity. The learned trial Judge in a well considered judgment reviewed this defence of insanity and rejected it. So as I have just said, he convicted the appellant of murder and then sent…