Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AGBO
V.
STATE

(2004) JELR 45094 (CA)    

Court of Appeal  ·  CA/PH/201/2001 ·  25 Feb 2004 ·  Nigeria
 · 
Other Citations
Agbo v. State [2004] 7 NWLR (Pt.873)546
Agbo v. State (2004) 7 NWLR (Pt. 873) 546
CORAM
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
evidence
taxi cab
witnesses
criminal code
learned trial judge
cause of death
cross-examination
deceased driver
instant case
defence of accident
inter alia
post-mortem examination
accused fire
accused person
material contradictions
police uniform
above evidence
arua okpo onuka
criminal responsibility
imo state
lead judgment
left ear of the deceased driver
brief facts of the case
brief of argument
corpse of a man
course of the exchange of words
death of the appellant
enugu police training school
evidence act
exit point
eye-witness accounts of the incident
fidelis onuka okpogho pw3
guilt of the appellant
laws of eastern nigeria
leading judgment
learned judge
medical doctor
nigeria police
ohafia high court
old police constable
right hand side
second eye-witness account
support of the prosecution
third eye-witness account
three-month course
time of the incident
trial of the appellant

AKINTAN, JCA (Delivering the Leading Judgment): This is an appeal from the judgment delivered by Ekumankama, J. sitting at Ohafia High Court formerly in Imo State but now in Abia State. The judgment was delivered on 24th April, 1991, incharge No. HOH/3C/86. The appellant was arraigned before the court on an information in which he was charged with the murder of one Arua Okpo Onuka contrary to section 319(1) of the Criminal Code, Laws of Eastern Nigeria, 1963, applicable in Imo State. The particulars of the offence are that the appellant, John Agbo, on the 26th day of January, 1985 at Ndi Uduma Awoke, Ohafia in the Ohafia Judicial Division murdered Arua Okpo Onuka.

At the trial, the accused pleaded not guilty to the charge preferred against him. Seven witnesses testified for the prosecution and the accused gave evidence in his defence. But he called no witnesses. Learned Counsel for the parties thereafter addressed the court. The learned trial Judge then reserved his judgment. In the …

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