Eluji Kingsley Eze V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from the Judgment of the Court of Appeal (Owerri Division) delivered on 20 March 2013, which affirmed the death sentence of an Oguta High Court (Imo State) on the appellant for Murder.

The one count charge against the appellant reads:

STATEMENT OF OFFENCE

MURDER, contrary to Section 319 (1) of the Criminal Code Cap 30, Vol.ii Laws of Eastern Nigeria 1963, applicable in Imo State of Nigeria

PARTICULARS OF OFFENCE

ELUJI KINGSLEY EZE on the 7th day of March, 2005 at Umuobi Assa Ohaji in the Oguta Judicial Division murder one Silas Orji.

The appellant/ accused person pleaded not guilty to the charge.

The respondent called four witnesses in proof of the charge of Murder. Statements of the appellant made on 8 March 2005, 10 March 2005 and the medical report on the cause of death of the deceased were admitted as exhibits.

The appellant gave evidence in his defence and also called his daughter as defence witness No.2. The learned trial judge eventually delivered a considered judgment on 26 July 2010 wherein he found the

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appellant guilty of murder and sentenced him to death.

Dissatisfied with the judgment the appellant filed an appeal. It was heard by the Court of Appeal, Owerri Division. Affirming the judgment of the High Court the Court of Appeal concluded in these words:

In the light of all I have stated above, it remains for me to say that this appeal lacks any scintilla of merit and is hereby dismissed. I uphold the judgment of the High Court of Imo State Holden at Oguta presided over by Hon. Justice P.C. Ikpeama which judgment was delivered on 26 July 2010 in which the appellant as sentenced to death by hanging. Appeal is accordingly dismissed.