EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 23-10-2007, an information was filed in the High Court of Ebonyi State, in Ivo Judicial Division, Isiaka commencing a criminal case, charge No HSK/3C/2007, against the respondents herein, Chukwu Abia (as 7th accused) and Philip Anyeru (as 8th accused). The charge contained one count of offence as follows-
??COUNT 1: STATEMENT OF OFFENCE
Murder contrary to Section 319 (1) of the Criminal Code Cap. 30 Vol. 11 Laws of Eastern Nigeria, 1963 as applicable in Ebonyi State.
PARTICULARS OF OFFENCE
CHRISTIAN OKEREKE, BENEDICT ARO, CHUKWU AGHARANDU, IFEANYI NWAFOR, CHUKWU ABIA, UKPAI NGA, FREDRICK CHUKWU AND PHILIP ANYERU on the 17th day of June, 2006 at Ishiagu Community in Ivo Judicial Division murdered JOHN OTI".
The record of this appeal show that proceedings in this case continued in the Abakaliki Judicial Division of Ebonyi State High Court at Abakaliki as charge No. HAB/6C/2008. The accused persons were arraigned on 28-7-2008…