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KALU UKEJE v. THE STATE

(2017) JELR 38022 (CA)

Court of Appeal  •  CA/OW/241C/2014  •  4 May 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed on 16/1/2014 by the appellant against the judgment of Abia State High Court delivered on 13/11/2013.

The charge against the accused now the appellant read thus:

AT THE SESSION HOLDEN AT ABA On Tuesday, the 18th day of May, 2010, the Court is informed by the Attorney-General of Abia State on behalf of the State that KALU UKAEJE is charged with the following offence:

STATEMENT OF OFFENCE

MURDER, contrary to Section 319(1) of the Criminal Code 30, vol. II, Laws of Eastern Nigeria 1963 application in Abia State.

PARTICULARS OF OFFENCE

KALU UKEJE, on the 18th day of October, 2009 at Okoro road/Ibadan Street Junction, Aba in the Judicial Division murdered SUNNY NWADIKE."

The charge was read and explained to the accused. The learned trial Judge proceeded to hear the parties and subsequently found the accused guilty in the following terms:-

As stated earlier, the prosecution is duty b…

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