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AGBO
V.
THE STATE

(2006) JELR 35923 (SC)

Supreme Court 27 Jan 2006 Nigeria
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- The case involves an appeal from a police constable convicted of murder and sentenced to death by hanging. The constable claimed the shooting was accidental, occurring during a struggle for the gun. - The Court of Appeal dismissed the app

Case Details

Suit Number:SC.198/2004
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria IGNATUS PAT-ACHOLONU Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:Miannaya A. Essien (Mrs) For Appellant Chief S.U. AkumaA.G., Abia StateN.U. Wachukwu, Esq. [D.P.P.]V.O. Chukwu, Esq [State Counsel], Ministry of Justice, Abia State For Respondent
Other Citations:Agbo v. State (2006) NWLR (Pt.977) 545 (2006) 1 S.C. (Pt.4) 73 (2006) 1 S.C. (Pt.4) 73

OGBUAGU, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal Port-Harcourt Division, delivered on 25th February, 2004, dismissing the appellant's appeal to it, from the decision of the High Court, Ohafia Judicial Division presided over by Ekumankama, J.

Dissatisfied by the said decision of the Court of Appeal (hereinafter called "the court below"), the appellant has further appealed to this court on four (4) grounds of appeal. Without their particulars, they read as follows:

"1. The learned Justices of the Court of Appeal erred in law when they held that the defence of accidental discharge was not available to the appellant.

2. The learned Justices of the Court of Appeal erred in law when they failed to hold that there were material inconsistencies in the evidence.

3. The learned Justices of the Court of Appeal erred in law when they failed to determine and pronounce upon the third issue for determination in the appellant's brief thereby …

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