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OBINNA OSUOHA v. THE STATE

(2010) JELR 33271 (CA)

Court of Appeal  •  CA/OW/150/2009  •  11 Jun 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

MOJEED ADEKUNLE OWOADE, JCA(Delivering the Leading Judgment): This is an appeal from the judgment of C. I. Ohakwe, J., delivered on 26th day of June, 2009, in the Owerri Division of the High Court of Imo State wherein the appellant was found guilty of the offence of murder contrary to section 319(1) of the Criminal Code Cap 30 Vol. II Laws of Eastern Nigeria, 1963, as applicable to Imo State of Nigeria.

The prosecution alleged that the appellant and other persons at large between the 15th - 17th September, 2004, at Ihiagwa within the Federal University of Technology Owerri (F.U.T.O.) University area in the Owerri Judicial Division murdered one Chima Chinaka. The Appellant pleaded not guilty to the charge. The prosecution called four (4) witnesses to prove the charge. They are: PW1, Donatus Chinaka, the father of the deceased. PW2, Emmanuel Chigozie Chinaka, the senior brother of the deceased. PW3, John Peter an ASP attached to the State C.I.D. Owerri and PW4, Dr. Rapheal Egejuru, a M…

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