IKONGBEH, JCA (Delivering the Lead Judgment): On 13/8/85, a Principal State Counsel in the D.P.P.’s Division of the Ministry of Justice, Umuahia, then Imo State, now Abia State, filed an information at the High Court, Umuahia. The information alleged that the 1st appellant before us, who was then the sole accused, murdered one Mark Ukeagu. Filed along with the information were the charge sheet, the statements of seven witnesses to the Police and the statement under caution of the 1st appellant. Included among the papers filed was also the report by the investigating police officer (I. P. O.) to his superior. In it he made the observation and expressed the opinion, after reviewing the evidence he had gathered, that -
“The alleged Young Ukauwa Uguru has been arrested and his statement recorded under caution. If we accept the statement of Young, it then means that only himself caused the death of Mark Ukeagu.. A case of murder under section 319 C.C. has been established against him. I a…