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CaseLaw

Akpa V. State (2008) CLR 4(j) (SC))

Judgement delivered on April 18th 2008

Brief

  • Confession
  • Culpable homicide punishable with death
  • Discharge and acquittal
  • Circumstantial evidence
  • Criminal liability
  • Admitted fact
  • Confession
  • Contradiction in evidence of prosecution witness

Facts

The case of the prosecution is that deceased, Ikechukwu Njoku, visited the Appellant at Jibia and never returned. He was murdered by the Appellant. At the scene of crime, police recovered a human body without legs, aims and neck. In the inner room of the Appellant's shop, police found the floor of the room and a mattress soaked with blood. They also found blood stain by the hole of the pit latrine attached to the inner room. When the pit latrine was dug they saw two human legs. Appellant was arrested for murdering Ikechukwu Njoku on or about 3rd of December, 1989.

The learned trial Judge found the Appellant guilty of culpable homicide punishable with death and sentenced him to death. His appeal to the Court of Appeal was dismissed.

Still dissatisfied, the Appellant appealed to the Supreme Court.

Issues

Whether the guilt of the Appellant was proved and established beyond...

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