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ABOGEDE
V.
STATE

(1994) JELR 46485 (CA)

Court of Appeal 8 Aug 1994 Nigeria
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Case Details

Suit Number:CA/E/177/92
Judges:OKAY ACHIKE Justice of The Court of Appeal of Nigeria A.O. EJIWUNMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria
Counsel:Mr. A.N. Anyamene SAN, with him Mrs. F.T.U. Mbah For Appellant C.C. Eneh, Asst. Chief Legal Officer, Enugu State For Respondent

OKAY ACHIKE, J.C.A. (Delivering the Leading Judgment): The accused who was initially charged with the offence of manslaughter, was subsequently charged with the offence of murder of one Frances Madu, a police constable. The deceased was alleged to have died from gunshot wound. The deceased was a passenger in a Nissan Minibus and the fatal incident occurred at a check-point near the Nkwo-Agu Market in Udi as a result of the shot from the pistol assigned to the accused, a Police officer of the rank of Assistant Superintendent of Police. PW2, the driver of the Nissan minibus, gave account of the event leading to the death of the deceased. According to PW2, the deceased, wearing police uniform, who was sitting on the front seat of his minibus, challenged the constable in the company of the accused as to the propriety of demanding money from the witness (PW2).

The said constable then requested the deceased to accompany him to his superior officer, i.e. the accused. That he did.

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