AYOGU UGWU & ANOR V. THE STATE

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellant was tried and convicted in the High Court, Enugu, East-Central State (Phil-Ebosie, J.), of the murder on the 21st May, 1970 at Ikpamodo village in Enugu Ezike of one David Ona. He was one of ten persons charged before the court with the murder and indeed he was the 1st accused. Nine witnesses in all gave evidence for the prosecution at his trial and the case against him was that he had lured the deceased away to an unknown place and got him killed there. The prosecution offered no direct evidence of any eye witnesses and did not claim to have done so. The case of the prosecution was based on circumstantial evidence and it is to the following effect. On the 21st May, 1970, one Ugoro Uja, farmer of Ikpamodo town, gave a party for the female members of her family and invited some men as well to the party, including the appellant and David Ona (later deceased). The appellant seemed to have enjoyed the party for he fre…