(1994) JELR 46485 (CA)    

Court of Appeal  ·  CA/E/177/92 ·  8 Aug 1994 ·  Nigeria
Other Citations
Abogede v. State (1995) 1 NWLR (Pt. 372) 473
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
Core Terms Beta
learned trial judge
reasonable doubt
extra-judicial statements
trial judge
prima facie case
evidence of p.w.8
trial court
evidence of pw2
guilt of the appellant
accused person
totality of the evidence
evidence of p.w.7
general principle
learned counsel
police constable
prosecution witnesses
senior advocate
superior officer
accused shouted abuses
close of the case
credible evidence
credible testimony
eye-witness account of the incident
face of the worthless evidence of p.w.8
following issues
inconsistent statements
leading judgment
lead judgment of achike jca
legal officer of enugu state judiciary
mr. anyamene s.a.n.
no-case submission
police officer of the rank of assistant superintendent
police uniform
position of the law
review of the relevant pieces of evidence
said constable
such circumstances
totality of the evidence of the prosecution witnesses
version of his evidence
view of the conflict
way of summary

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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