ABDULLAHI
V.
STATE

(1995) JELR 80244 (CA)    
Court of Appeal  ·  CA/K/180/C/94 ·  11 Jul 1995 ·  Nigeria
 · 
Other Citations
(1995) 9 NWLR (PT 577)308
CORAM
UMARU ABDULLAHI, J.C.A. (Presided and Read the Leading Judgment) MURITALA AREMU OKUNOLA, J.C.A. OKWUCHUKWU OPENE, J.C.A
Core Terms Beta
appellants
evidence
learned trial judge
prosecution
p.w.2
4th appellants
issues
reasonable doubt
trial court
learned counsel
trial judge
contention of the learned counsel
evidence of p.w.6
material contradictions
eye witnesses
accused persons
evidence of the prosecution witnesses
evidence of p.w.2
lead judgment
2nd appellants
3rd appellants
criminal trial
defence witnesses
direct conflict
earliest opportunity
irreconcilable testimonies of the prosecution witnesses
material facts
offence of culpable homicide
particular p.w.4
p. w.8
similar grounds of appeal
stages
abas akofe's dead body
clear demonstration of the understanding of the facts
cogent evidence
considered judgment
contention of the learned attorney
defence of alibi
evidence of p. w.
facts of the case
finding of the trial court
following findings
head of the said abas akofe
high court of kwara state
hon. attorney-general
leading judgment
set of the investigation level
trial
vantage point
worthless testimonies of the prosecution witnesses

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The four appellants were arraigned and charged before the High Court of Kwara State, sitting at Omu- Aran with the offence of culpable homicide punishable with death, contrary to section 221 (b) of the Penal Code.

Briefly, the facts of the case are that on 21st day of October, 1988 one Abas Akofe's dead body was found by the road side. The matter was reported to the Police and investigations got underway. In trying to find out the killers of Abas Akofe, the clan Chief of the village summoned a clan meeting on the day of the incident, but no one mentioned any name as being responsible for the killing at the meeting. Two people who were later called by the prosecution as eye witnesses to the killing attended that meeting, but they did not mention anybody's name at the meeting. The two people gave evidence as P.W.2 and P.W.3 respectively.

Information emerged later on with P.W.2 and P.W.3 as the source that it was the appellants who kille…

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