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OBINNA OCHI v. THE STATE

(2018) LPELR-45064(CA)

In The Court of Appeal of Nigeria

On Friday, the 13th day of July, 2018

CA/E/54C/2017


Before Their Lordships

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria

IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria

JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria


Between

OBINNA OCHI - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the offence of Murder.
FACTS:
This is an appeal against the judgment of the High Court of Justice, Enugu State, delivered by Hon. Justice A.A. Nwobodo on 02/05/17.
The Appellant was arraigned before the High Court of Enugu State on the 10th day of February 2012 with Charge No: E/51C/1997 on a one count charge of murder of one Kenneth Azuonye.
In the course of the trial, the prosecution called six witnesses namely PW1 Mr. Aneke Amezilo; PW 2 Elder Uche Azuonye; PW 3 Cpt Cajetan Ugwu, PW 4 Dr. Ohayi Robson; PW5 Mrs. Oby Aneke and PW6 ASP Barry Nwibani. The Appellant testified in his own defence to the charge against him and called no other witness.
At the end of the trial, the Appellant was convicted of the offence of murder and sentenced to death by hanging. Dissatisfied, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court considered the following issue in the determination of the appeal:
1. Whether the defence of provocation and self defence avail the appellant in the face of the evidence before the Court.
DECISION/HELD:
In the final analysis, the Court of Appeal in a unanimous decision allowed the appeal and discharged and acquitted the Appellant.


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