LawPavilion Online


Back

ELUJI KINGSLEY EZE v. THE STATE

(2018) LPELR-43715(SC)

In The Supreme Court of Nigeria

On Friday, the 9th day of February, 2018

SC.326/2013


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

ELUJI KINGSLEY EZE - 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 Court of Appeal, Owerri Division Coram: John Inyang Okoro JCA (as he then was), Philomena Ekpe and Haruna S. Tsammani JJCA which affirmed the decision, conviction and sentence of the trial High Court, Imo State holden at Oguta per D.C. Ikpeama J. 

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 appellant guilty of murder and sentenced him to death.

Dissatisfied with the judgment the appellant filed an appeal to the Court of Appeal where his apeal was dismissed. Further miffed, he appealed to the apex Court.


ISSUES:
The appeal was determined on a lone issue viz:

Whether the prosecution proved the guilt of the appellant beyond reasonable doubt.


DECISION/HELD:
The appeal was dismissed for want of merit. The judgments of the two lower Courts were further affirmed by the Supreme Court.


Read Full Judgment