CaseLaw
Ojiako V. State (1991) CLR 4(L) (CA)
Brief
Facts
The prosecution’s case was that on 8 April, 1981 at about 2 a.m. the appellant shot and robbed John Uchendu (P.W.2) at No. 4 Eke Street, Ogbete, Enugu. Soon after the incident a team of combat men on night patrol headed by Sgt. Olanrewaju Solomon (P.W.4) arrive at the scene. P.W.4 and some of his men took P.W.2 to the University of Nigeria Teaching Hospital (UNTH) Enugu, while others went in chase of the appellant whom P.W.2 and P.W.3 alleged attacked P.W.2. Later the appellant was arrested a few blocks away in his room at No. 20 Ejindu Street, Ogbete Enugu. He was in the company of his girl friend Enyiuche Onwurah.
The appellant’s case on the other hand was one of total denial of the charge and that on the fateful night he was with girlfriend Enyiuche Onwurah up to the early hours of the morning when the police team arrested him.
The learned trial Judge after reviewing the evidence and the law, convicted and sentenced the appellant to the death. Hence this appeal.