(1998) JELR 45606 (CA)    

Court of Appeal  ·  CA/B/316/96 ·  14 Dec 1998 ·  Nigeria
Other Citations
Aigbadion v. State (1999) 1 NWLR (Pt. 586) 284
OKAY ACHIKE Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria
Core Terms Beta
central hospital
trial judge
chief consultant pathologist
expert witness
reasonable doubt
evidence act
learned trial judge
mr. abu
post-mortem examination
circumstantial evidence
appellate court
common ground
exact time
learned counsel
place of death
result of the strangulation
sufficient evidence
taxi driver
totality of the evidence
trial court
assistant chief
behalf of the appellant
behalf of the parties
briefs of arguments
close study of the record of appeal shows
conclusion of the trial
counsel chief f. h. eduvie
deceased developed stomach trouble
direct eye-witness account of the death
english case of r. v
further submissions
high court
issue no.
mother of the said person
murder of the deceased
only fine point
starting point
strangulation of the deceased
such assistance
testimony of this witness
wrong reception of evidence

RAPHAEL OLUFEMI ROWLAND, J.C.A (Delivering the Leading judgment) The appellant and the deceased - one Victoria ojo - had been living together at Benin as lovers since 1987 before the deceased died about 5th December. 1993. On her death, appellant was arraigned before the High Court holding at Benin city and charged with the murder of the deceased. At the trial the prosecution fielded four witnesses and only the appellant testified on his own behalf. At the conclusion of the trial, the trial judge found the appellant guilty as charged and sentences him to death. It is against his conviction and sentence that the appellant has appealed to this court.

Learned counsel on behalf of the parties filed and exchanged briefs of arguments on behalf of the appellant, his learned counsel Chief F. H. Eduvie, formulated the following two issues for determination, namely:

"(1) whether the charge of murder preferred against the appellant was established beyond reasonable doubt as required by law on th…

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