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CHINEDU OSUJI v. THE STATE

(2016) JELR 37132 (CA)

Court of Appeal  •  CA/OW/42C/2014  •  17 Feb 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in charge No.HME/2C/2008, Delivered on 16/12/2011 BY Hon. Justice T.E. Chukwuemeka ? Chikeka, wherein the learned trial judge convicted the Appellant for murder and sentenced him to death by hanging.

Appellant (as accused at the Court below) was arraigned on information filed on 13/8/08, charged for murdering one Angus Iwueze (M) on 22nd November, 2007, at Umuelemai Junction in Isiala Mbano Judicial Division, by stabbing him with broken bottle in the neck, thereby committing offence, contrary to Section 319 (1) of the Criminal Code, Cap. 77 Laws of the Federation of Nigeria 1990, as applicable to Imo State of Nigeria. On being arraigned on 13/10/2008, he pleaded NOT GUILTY to the charge, after the charge had been read and explained to him ? See page 36 of the Records of Appeal.

The Prosecution had called 8 witnesses to prove the charge while Appellant called 2 witne…

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