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UCHE NWODO v. THE STATE

(2018) LPELR-46335(SC)

In The Supreme Court of Nigeria

On Friday, the 14th day of December, 2018

SC.85/2016


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

UCHE NWODO - 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 decision of the Court of Appeal.

The Appellant, an apprentice, and his Master, Emeka Mba, were arraigned before an Anambra State High Court and charged with the murder of Emeka Nnadozie [deceased]. The Appellant allegedly hit the deceased on the head with a "cement baluster" while the deceased was fighting with his Master over a debt of N4, 000.00.

After a trial in which the Prosecution called three Witnesses, and the Defendants testified in their own defence, the High Court found the Appellant's Master, who was first Defendant, not guilty and discharged and acquitted him. But the Appellant was found guilty as charged, and he was convicted and sentenced to death.

The Appellant's Appeal to Court of Appeal was dismissed.

Further dissatisfied, the Appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on these issues couched as follows:

???1. Whether the Prosecution had satisfactorily proved the ingredients of Murder as to make it safe for the Court to convict the Appellant as charged?

2. Alternatively, whether from the oral and documentary evidence adduced by both Parties, the Appellant is not entitled to the defence of provocation?

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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