CORAM

PARTIES

RAPHAEL UDEELVIS CHUKWUMA ILOMUANYA         APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellants together with the other accused persons were members of a youth movement which craved for power while the deceased persons were members of Lokpanta Development Union which objective was to enhance the development of the community. A riot ensued as a result of a demonstration by supporters of each group. On 4th  January, 2002, the Appellant together with the co- accused persons took the deceased persons and PW4 to the market square, flogged them ruthlessly, took them to a bush on a hill, dismembered them and burnt their remains but PW4 was able to escape. One of those killed and burnt to death was PW4’s father. The Appellant with nine others were hence arraigned on three count information at the Umuahia High Court for the murder of Sunday Ude, Chief Cornelius Orjiogo and Johnson Onwuegbuchulam contrary to Section 319(1) of the Criminal Code CAP 30 Vol. II laws of the Eastern Nigeria as applicable to Abia State. At the end of trial, the Appellant and two others, namely, Chukwuma llomuanya and David Amaefula, were convicted while the 4th to the 10th accused persons were discharged and acquitted. Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal which dismissed the appeal and affirmed the judgment of the trial Court. Further dissatisfied, the Appellant has appealed to the Supreme Court.

HELD

Appeal Dismissed.

ISSUES

Whether, from available evidence, both courts are right in their findings that appellant was not only at the scene of the offences but that he participated in the commission of the offences?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Criminal Code CAP 30 Vol. II laws of the Eastern Nigeria as applicable to Abia State

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