Paul Ekezie V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State, Otuocha Judicial Division sitting at Otuocha delivered by Justice P. I. Amaizu J. on the 16th day of September, 1994.

The appellant, Paul Ekezie, and one Ikechukwu Nwoye were charged for the murder of one Nweke Aduaka, contrary to Section 319 (1) of the Criminal Code, Vol. 11, Laws of Eastern Nigeria as applicable in Anambra State, pursuant to Charge No: 0T/3C/90.

At the hearing of the case, the prosecution/respondent called seven (7) witnesses and tendered eight (8) Exhibits in its bid to prove its case. The defence on the other hand called three (3) witnesses including the hitherto accused persons.

At the close of trial, learned counsel for both parties canvassed their arguments in support of their respective cases and at the end of it all, the learned trial Judge found the accused persons guilty of murder as charged and upon conviction sentenced both of them in the following words.

“The sentence of this Court is that you Paul Ekeze and Ikechukwu Nwoye be

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hanged by the neck until you be dead.

?May the Lord have mercy on your souls.”

The appellant not being satisfied with the said decision of the lower Court has now appealed against it, vide a notice of appeal filed on the 22nd day of October, 2013 with the leave of this Court. The said decision is being challenged on the following three (3) grounds which are reproduced without their particulars as follows:

“Ground 1

The Learned Trial Judge erred in law when he held that the evidence of PW2 and PW3 corroborated that of PW1 in convicting the Appellant”

“Ground 2

The Learned Trial Judge erred in law when he held that the contradictions in the evidence of PW1 were minor and not material to occasion any miscarriage of justice against the