SAMUEL UDEH V. THE STATE

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Ebonyi State delivered by Hon. Justice Benson A.N. Ogbu on 30th April, 2018, wherein the learned trial Judge found the Appellant guilty of the offence of murder and sentenced him to death by hanging.

BRIEF STATEMENT OF FACTS

By an information filed on 8/3/2017, the Appellant and one Tochukwu Oko were charged with the offence of murder contrary to Section 319(1) of the Criminal Code Law Cap 33. Vol. 1 Laws of Ebonyi State of Nigeria, 2009. In the particulars of the offence, it was stated that “Tochukwu Oko and Samuel Udeh on the 30th day of September, 2016 at Amebir Ndibe Afikpo in the Afikpo Judicial Division murdered Philip Ugwu Abani”

​It is the case of the Respondent that on the 30/9/2016 when the deceased returned from work, he joined PW1, his wife where she was washing some clothes in their compound. According to PW1, while she and the deceased delved into the fros…