THE STATE V. STANLEY NDUDI ONWUERIAKU & ANOR

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the complainant at the lower Court vide its Notice of Appeal filed on 9/1/2014 against the decision of Abia State High Court sitting at Aba decided on 18/12/2013.

The accused persons at the lower Court were charged with murder contrary to Section 319(1) of the Criminal Code Cap 30 of the Eastern Nigeria 1963 as applicable in Abia State.

The charge read thus:

At the session Holden at Obehie on the 22nd day of May 2008, the Court is informed by the Attorney-General of Abia State on behalf of the State that STANLEY NDUDI ONWUERIAKU and ANYALEWECHI ONWUERIAKU are charged with the following offence:

STATEMENT OF OFFENCE:

MURDER, contrary to Section 319(1) of the Criminal Code Cap 30 Laws of Eastern Nigeria 1963 as applicable in Abia State.

PARTICULARS OF OFFENCE

STANLEY NDUDI ONWUERIAKU AND ANYALEWECHI ONWUERIAKU on the 2nd day of September, 2006 at Umukwor Asa in the Ukwa Judicial D…