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(2001) JELR 44225 (CA)    

Court of Appeal  ·  CA/A/46/98 ·  29 Jan 2001 ·  Nigeria
Other Citations
A.-G., Fed. v. Ogunro (2001) 10 NWLR (Pt.720)175
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
cause of death
evidence of pw1
penal code
learned trial chief judge
post-mortem report
reasonable doubt
trial judge
1st respondent
case notes of wuse general hospital
criminal abortion
medical report
2nd respondent
blood loss
case notes
expert evidence
federal capital territory
high court
miss christiana ngozi eze
pius ogunro
amended notice of appeal
post-mortem examination
post mortem report
relevant cause of death
years of area
a.-g. of bendel state
attorney-general of the federation
cause of death of a deceased person
charge no. fct
conclusion of the evidence
correct medical situation
decision of the learned trial chief judge
established cause of death
evidence of an expert
evidence of a pathologist
evidence of experts dw1
examination of issues
family of the deceased
girl friend of pius ogunro
important point
leading judgment
post mortem examination
s.137 evidence act
said letter
trial judge saleh c.j.
years of alfa clinic karu

DAHIRU MUSDAPHER, JCA (Delivering the Leading Judgment): In the High Court of Justice of the Federal Capital Territory Abuja, and in Charge No. FCT/HC/CR/1/96, the respondents herein, were arraigned before Saleh C.J on the following heads of charge:-

"1. That you, PIUS OGUNRO (m), 43 years of Area 1, Section 1, Block 1, Flat 6 Lapai Street, Garki Abuja, and EBENEZER OGUNMOLA (m), 43 years of Alfa Clinic Karu, Abuja, on or about the 12th day of September, 1995, in Karu, in the Federal Capital Territory, within the jurisdiction of the Federal Capital Territory Judicial Division, did conspire to commit an offence to wit; causing miscarriage on Miss Christiana Ngozi Eze, 19 years (now deceased) of Area 1, section 1, Garki Abuja, and thereby, committed an offence punishable under section 97, of the Penal Code and triable by the High Court.

2. That you EBENEZER OGUNMOLA (M), 43 years of Alfa Clinic Karu-Abuja, on or about the 15th day of October, 1995, in Karu in the Federal Capital Territo…

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