ABOGEDE
V.
THE STATE

(1996) JELR 45902 (SC)

Supreme Court · SC.20/1995 · 23 Apr 1996 · Nigeria
·

Other Citations

Abogede v. State (1996) 5 NWLR (Pt. 448) 270

CORAM

MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellant

evidence

learned trial judge

prosecution

p.w.8

reasonable doubt

learned counsel

motor vehicle

oral evidence

police station

p.w.2

evidence of p.w.2

mortem examination

no-case submission

trial of the appellant

inter alia

prima facie case

brother adio

case submission

circumstances of this case

court of appeal

finding of the learned trial judge

learned justices of the court of appeal

medical doctor

particular point

alleged contradiction

appellant shot

check point

check-point

credible evidence

direct evidence of p.w.2

draft of the lead judgment

end of the case

enugu state

ethnic group

following conclusion

front seat of the motor vehicle

high court of the enugu state of nigeria

leading judgment

person of p.w.2

police constable

police uniform

reserved judgment

result of gun shot wounds

rules of this court

said constable

whole evidence

witnesses of the incident

ADIO, J.S.C. (Delivering the Leading Judgment): In the High Court of the Enugu State of Nigeria, Enugu Judicial Division, the appellant was charged with murder contrary to section 274(1) of the Criminal Code. Cap. 36 of the Laws of Anambra Slate, 1986. applicable in Enugu State. The allegation was that he,the appellant, murdered one Francis Madu (M) on the 9th day of January, 1989 at Udi and Enugu Judicial Division.

The evidence led by the prosecution was that on the day of the incident, the deceased was a passenger in a mini-bus driven by the P.W.2. The deceased, a police constable, wore police uniform and was sitting with the P.W.2 in the front seat of the motor vehicle. When the aforesaid motor vehicle reached a check-point near Nkwo-Agu market at Udi a constable on duty with the appellant, who was a police officer of the rank of Assistant Superintendent of Police, demanded money from the P.W. 2 before the motor vehicle being driven by the P.W. 2 would be allowed to pass the check …

ABOGEDE V. THE STATE

ABOGEDE
V.
THE STATE