UWANI MUSA ABBA AJI (PJ): (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court, presided over by S, N. Imo, Chief Judge (as he then was) sitting at the High Court Umuahia delivered on the 1st day of July, 2010 wherein he convicted the Appellant and two others for the offence of murder contrary to Section 319(1) of Criminal Code Cap 30. Vol. 11, Laws of Eastern Nigeria 1963 as applicable in Abia State.
The Appellant and nine (9) others were tried on a three count information at the Umuahia High Court for the murder of three men, namely Sunday Ude, Chief Cornelius Orjiogo and Johnson Onwuegbuchulam. The alleged murder was said to have taken place between 4th and 5th January, 2007 at Lokpanta in the Umuneochi Judicial Division of Abia State.
In proof of its case, the prosecution called a total of six witnesses while the accused persons testified on their own behalf and called no additional witness.
At the end of the trial, the Learned Chief t…