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MR. SUNDAY IKENNE v. THE STATE

(2018) LPELR-44695(SC)

In The Supreme Court of Nigeria

On Friday, the 8th day of June, 2018

SC.856/2014


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

MR. SUNDAY IKENNE - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Murder.
FACTS:
The appeal is against the judgment of the Court of Appeal, Enugu Division.

The appellant and three others were arraigned before the trial Court for the murder of one IFEANYICHUKWU UDECHUKWU contrary to Section 274(1) of the Criminal Code Cap 36 Vol. 2 Revised Laws of Anambra State 1991. The four pleaded not guilty and the case proceeded to trial. The prosecution called six witnesses while each of the four accused gave evidence in his own defence. Three other witnesses also testified on behalf of the accused persons. At the end of trial including final addresses of counsel, the Court on the 19th November 2012 delivered its judgment discharging the 1st, 3rd and 4th accused persons but convicting and sentencing the appellant as charged.

The appeal is against the dismissal of the appellant's appeal against the trial Court's judgment by the Court of Appeal in its decision dated 14th November 2014.


ISSUES:
The Court determined the appeal on the appellant's issue one as follows:
Whether the Justices of the Court of Appeal of Nigeria, Enugu Division, were right when they upheld and/or confirmed the conviction of the appellant for murder and the death sentence passed on him by the trial Court?

DECISION/HELD:
In the final analysis, the Court held that the appeal lacked merit and it was accordingly dismissed. Consequently, the concurrent decisions of the trial Court and the Court of Appeal were affirmed.


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