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ADEKUNLE
V.
STATE

(2006) JELR 45939 (SC)    

Supreme Court  ·  SC.52/2002 ·  30 Jun 2006 ·  Nigeria
 · 
Other Citations
Adekunle v. State (2006) 14 NWLR (Pt.1000) 717
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
prosecution
evidence
gun shots
accused person
defence of accident
learned trial judge
offence of murder
reasonable doubt
inter alia
learned counsel
defence of accidental discharge
laws of ogun state
pw2
lead judgment
moving bus
cause of death
court of appeal
evidence of the p.w.2
learned justices of court of appeal
sentence of death
anti-crime patrol duty
concurrent findings of fact
course of the trial
guilt of the accused person
patrol team
accused calls
appellant walking
bullets exhibits c
c.a. see
case of murder
caution exhibit
command of an assistant superintendent of police
completion of the investigation of the case
criminal code law of ogun state
criminal procedure law
discharge of its burden
exercise of the will of the accused person
ijebu-ode high court of justice of ogun state
leading judgment
murder of alice tominiyi
nigeria police force
preparation of his defence
present case
prohibited act
result of an unwilled act
said bus
said defence

MOHAMMED, JSC (Delivering the Leading Judgment): The appellant in this appeal was a sergeant in the Nigeria Police Force.

On 7-2-1997, he was on Anti-Crime Patrol duty along Sagamu Benin Express- Way. The patrol team was under the command of an Assistant Superintendent of Police. On arrival at the Express-Way, the commander of the team divided it into two. The appellant's team was stationed along the Benin-Sagamu side of the Express Way.

The Commander and his other team were on the Sagamu Benin side. The two teams were about 100 meters apart.

Not long after the arrival of the patrol teams and taking their positions, the Commander of the team heard gun shots from the Benin-Sagamu side of the express-way. He shouted and asked who fired the gun shots. He saw the appellant walking towards a moving bus with passengers. The appellant replied to the Commander's question that the gun shots were fired by him. The Commander asked the appellant why he fired the gun shots. There was no reply from…

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