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BONIFACE PETERS & ANOR. V. THE STATE

(1992) JELR 43122 (SC)

Supreme Court  •  SC.79/1992  •  11 Dec 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABUBAKAR BASHIR WALI JSC; UCHE OMO JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC;

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): Four accused persons - 1. Boniface Peters, 2. Olowu Oluwole, 3. Peter Adiele and 4. Felix Eze were jointly charged on an information with the offence of murder contrary to S.319(1) of the Criminal Code Law Cap. 30, Volume II, Laws of Eastern Nigeria applicable to Imo State of Nigeria.

The particulars of the offence are that on 26th February, 1988 at Owerri in the Owerri Judicial Division of the High Court of Imo State, the above-named murdered one Walter Ehirim.

Seven witnesses testified for the prosecution. At the close of the prosecution's case, Mr. Ekumaru learned counsel for the 1st and 4th accused (Boniface Peters and Felix Eze, made a no case submission on behalf of his clients and indicated to the court that he was relying on the prosecution's case.

Mr. Emecheta who represented the 2nd accused (Olowu Oluwole) also made a no case submission and indicated to the court that the 2nd accused would defend himself if his no c…

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