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(2021) JELR 109431 (CA)

Court of Appeal  •  CA/E/198C/2015  •  10 May 2021  •  Nigeria

Mohammed Ambi-Usi Danjuma, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Ebonyi State sitting at Ezamgbo Ohaukwu Judicial Division whereat H. A. Njoku, J discharged and acquitted the accused/respondent herein on the charge of murder punishable with death contrary to Section 319 of the Criminal Code, Laws of Ebonyi State of Nigeria. The decision was delivered on 2nd May, 2017 and in charge No. HKW/4C/2012.

The trial Judge had held as follows:

“Having carefully considered the entire evidence presented by the prosecution in proof of the second ingredient of the charge of murder, the exhibits tendered and the submissions of both counsel, and having taken cognizance of my views as above expressed I hereby hold that the prosecution has failed to prove beyond reasonable doubt the second ingredient of the charge of murder against the accused person.”

The Court then concluded thus:

"There will be no need to considered the third ingredient of …

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