(1996) JELR 45902 (SC)    

Supreme Court  ·  SC.20/1995 ·  23 Apr 1996 ·  Nigeria
Other Citations
Abogede v. State (1996) 5 NWLR (Pt. 448) 270
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
learned trial judge
reasonable doubt
learned counsel
motor vehicle
oral evidence
police station
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
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 …

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