Judgment
JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment) : The appellant and 6 (six) others were charged before the High Court of Imo State in Owerri Judicial Division with the offence of murder of one Chief (Sir) Augustine Ndukwu on 4th November 2010, contrary to Section 319 (1) of the Criminal Code, Cap 30 Vol. 11, Laws of Eastern Nigeria, applicable in Imo State. The plea of the accused persons including the appellant was taken on 31st October, 2010. The 1st accused person Uchenna Ndukwu pleaded guilty while the others, including the appellant pleaded not guilty.
Even though the 1st accused person pleaded guilty to the charge, the trial Judge in consonance with the principle of law in Criminal trial involving Capital offences entered a plea of not guilty for him. In the bid to prove the offence as contained in the charge, the prosecution (Respondent herein) called six witnesses and tendered the extra judicial statements of the accused persons which were admitted in evidence as Exhibits. The accused persons including the appellant entered their defence.
Thereafter counsel on both sides addressed the Court, following which the trial Court adjourned for Judgment. In the judgment delivered on 13th February, 2013, John Emesiobi and Vincent Emesiobi (2nd and 7th accused persons respectively) were discharged and acquitted, while the rest, 1st, 3rd, 4th, 5th and 6th accused persons were convicted and sentenced to death by hanging. The appellant (5th accused) is aggrieved with her conviction, and therefore filed an appeal to this Court. The Notice of appeal was filed on 11//3/13. The Notice of appeal contains two (2) grounds of appeal.
On due compilation and transmission of the record of appeal, the appellant proceeded to file her brief of argument. The brief of argument settled by her counsel, Madubuko Izuchukwu, Esq. was filed on 18/11/20 and deemed properly filed and served on 9/2/21. In reaction to the Appellant’s brief of argument, the Respondent filed her brief of argument settled by C.O. Chukwumaeze, Esq., Principal State Counsel, Imo State Ministry of Justice on 12/11/21. It was deemed properly filed on 9/2/2021. The appellant filed a reply brief on 25/1/22, and deemed properly filed on 9/2/21.
