(2018) JELR 38736 (CA)    

Court of Appeal  ·  CA/EK/72C/2016 ·  5 Jul 2018 ·  Nigeria
AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
death of the deceased
reasonable doubt
trial court
conviction of the appellant
gun shot
grievous bodily harm
appellant counsel
self defence
lower court
mandatory requirement of burden
prosecution witnesses
clear breach of the rule
ekiti state
accused person
breach of fair hearing
charge of murder
circumstantial evidence
appearance of the commissioner of police
barrel gun
criminal code law
learned trial judge
above requirement
above set of arguments
appellant of murder
brief statement of facts
case of monday nwaeze v
close of trial
conclusion of hearing
decision of the trial court
direct evidence
established principles of law
evidence of the prosecution witnesses
guilt of the accused person
honourable court
issuance of subpoena
judgment of honourable justice l.o. ogundana of ekiti state high court ise
law of ondo state justice
leading judgment
learned appellants contention
notice of subpoena duces ad testificandum
point worthy of note
proof of the offence of murder
pungent eye witness evidence
said ingredients of the offence
such fear
sum total of the evidence of the prosecution

PAUL OBI ELECHI J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Justice L.O. Ogundana of Ekiti State High Court Ise - Ekiti Judicial Division delivered on the 24th March 2016, convicting the Appellant of Murder contrary to Section 316 and punishable under Section 319 of the Criminal Code Law, Law of Ondo State Justice, Ekiti State, 1978 (as then applicable in Ekiti State).

At the close of trial, the learned trial judge found the Appellant guilty of murder and sentenced him to death which said judgment is now the subject matter of this appeal.


The Appellant was arraigned before the trial Court and charged with the murder of one Oladele Esan on the 9th March 2011. The prosecution at the trial called seven (7) witnesses while the Appellant testified for himself and did not call any witness.

After the conclusion of hearing, the Appellant was found guilty of murder and consequently sentenced to death by hanging.

The Appella…

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