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Emmanuel Umeh v. The State

(1973) JELR 44106 (SC)

Supreme Court  •  SC.320/71  •  9 Feb 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): We dismissed this appeal summarily at the hearing and stated then that we would give our reasons later. The appellant was charged with the murder on the 14th May, 1970, at Igbo-Ukwu in Onitsha Division, of the East-Central State, of one Benjamin Orajiuka. He was tried by Oputa, J., (High Court, Onitsha) convicted as charged and sentenced to death. The case against him at the trial was that on the 13th May, 1970 he stabbed Benjamin Orajiuka with a knife (produced in evidence as Exhibit 2) in the side and that Benjamin died the following day of injuries which he had received. A brother of Benjamin, by name Nathaniel Orajiuka, was the 2nd P.W. He was a classmate of the appellant and an eye-witness of the tabbing of Benjamin Orajiuka. Benjamin had gone with his brother Nathaniel to the house of the appellant to demand the coconut seedling which Nathaniel alleged he had asked the appellant to buy for him and for which he had already…

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