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ADEYEMI
V.
THE STATE

(1991) JELR 43034 (SC)

Supreme Court 12 Jul 1991 Nigeria
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- The appellant was originally charged with murder under s. 319(1) Criminal Code at the Lagos High Court, based on the fatal shooting of the deceased during a chaotic incident involving reports of armed robbers; at the close of the prosecut

Case Details

Suit Number:SC.38/1989
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria
Counsel:Chief F.O. Akinrele, SAN, (With him, Chief Debo Akande, SAN, O. Obiakan) For Appellant David Onyeike, Legal Officer, Ministry of Justice, Lagos State For Respondent
Other Citations:Adeyemi v. State (1991) 6 NWLR (Pt.195)1 (1991)7 S.C (Pt II) 1 (1991) 7 SCNJ 131

U. OMO, JSC (Delivering the Leading Judgment): The appellant in this appeal was originally charged at the High Court of Lagos on 1st July 1986 with the murder of one Subulola King at Abule Ijesha, Lagos on the 21st of January, 1986. At the end of the trial he was found guilty of manslaughter and sentenced to a term of three years imprisonment on 19th February, 1987. He then appealed to the Court of Appeal which confirmed his conviction and sentence. It is against that decision that he has appealed to this Court.

From the seven grounds of appeal filed in support of this appeal, appellant's counsel has distilled three issues for determination which are set out thus:

(i) At a stage of the submission of no case to answer by counsel to the appellant could the learned trial Judge ask the appellant to defend himself on a charge of manslaughter while discharging him of the offence of murder?

(ii) That if this is so, was it necessary to take his plea on that charge?

(iii) Is the charge again…

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