CaseLaw
Onyegbu V. State (1994) CLR 1(f) (CA)
Brief
Facts
By an information in a charge No. HU/GC/82 dated 15th day of February 1982 the appellant Ihemegbulam Onyegbu was arraigned before the Umuahia High court for an offence of murder contrary to section 319(1) of the criminal code, cap 30 vol II, Laws of Eastern Nigeria, 1963. The particulars of the offence alleged that he, the appellant, on the 28th day of February 1981 at Obilaji Umuede Nkpa, Bende in Umuahia judicial division murdered Marbel Nnaoma.
The prosecution's case was presented through a total of five witnesses, namely - Iheanyichukwu Nnaoma, (P.W.1), the son of the deceased who gave an eye witness account of the incident leading to the death of his mother the deceased. Edward Nnaoma (P.W.2) the husband of the deceased, Mary Nnaoma (P.W.3) another wife of P.W.2, Friday Onuoha (P.W.4) and Jimoh Adegbite (P.W.5) a Police witness. The appellant pleaded not guilty to the charge. He gave evidence in his defence and called no other witness. At the conclusion of the trial, the learned trial Judge Ononuju J found that the appellant hacked the deceased to death with a pen-knife. The motive for the offence was the refusal of the deceased to submit to sexual intercourse with the appellant. The appellant was accordingly convicted of murder and sentenced to death.
Aggrieved by the judgment, the appellant appealed to the Court of Appeal.