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PAUL ONYIA V. THE STATE

(2008) JELR 46720 (SC)

Supreme Court  •  SC.232/2006  •  5 Dec 2008  •  Nigeria

Coram
NIKI TOBI JSC; SUNDAY AKINOLA AKINTAN JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; JAMES OGENYI OGEBE JSC;

Judgement

J. O. OGEBE, J.S.C. (Delivering The Leading Judgment): This is a further appeal to the Supreme Court by the appellant against the judgment of the Court of appeal, Port Harcourt Division delivered on the in December 2005 in which that Court affirmed the conviction and sentence of death passed on the appellant by Imo State High Court sitting in Umuahia on the 18th December 1987.

The appellant was charged in High Court of Imo State with the murder of one Ugwuochi Amadiegwu, contrary to section 219(1) of the Criminal Code cap. 30 of the laws of Eastern Nigeria 1963 applicable in Imo State. The simple fact of the case was that the appellant on the 18th December 1980 stabbed the deceased with a dagger resulting in his death. As the facts of the case are not in issue before this Court, I shall not go into any more details.

The main complaint before this Court is contained in the appellant's brief on issue 1, which reads:

"Whether the non-interpretation of the evidence of Pw1, Pw2, Pw3, and …

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