Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AJAEGBO
V.
STATE

(2018) JELR 39870 (SC)    

Supreme Court  ·  SC.533/2012 ·  18 May 2018 ·  Nigeria
CORAM
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
exhibits
learned trial judge
circumstantial evidence
statements
evidence act
lower court
trial court
court of appeal
sampson nnamito
accused persons
innocent ekeanyanwu
trial high court
concurrent findings of fact
considered view
following facts
imo state
otokoto hotel
prosecution witnesses
1st accused
documentary evidence
leading judgment
admission of exhibits
appeals of the present appellant
assistance of the appellant
conclusion of the trial
established fact
evidence of other witnesses
exhibit no.
facts of the case
finding of the learned trial judge
genesis of this case
high court of imo state
laws of eastern nigeria
learned justices of the lower court
learned trial
mind of the learned trial judge
preview of the lead judgment
printed records of appeal
relevant provisions of the evidence act
said ekeanyanwu
separate appeals
severed head of the deceased
statements of ekeanyanwu
time exhibits
time of his arrest
young boy

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment): The appellant herein was among 7 persons arraigned before the High Court of Imo State, sitting at Owerri in charge No. HOW/7C/97 on a one count charge of murder contrary to Section 319 (1) of the Criminal Code Cap. 30 Vol.II Laws of Eastern Nigeria applicable in Imo state. They all pleaded not guilty to the charge. The prosecution called 11 witnesses and tendered documentary evidence. The appellant was the 1st accused. All the accused persons testified in their own defence. At the conclusion of the trial and after considering the written addresses submitted by counsel, the learned trial. Judge, on 23/1/2003 found all the accused persons guilty as charged. They were all convicted and sentenced to death by hanging.

The genesis of this case is the infamous Otokoto affair that took place in Owerri, Imo State on or about the 19th day of September, 1996 at the Otokoto Hotel. The facts of the case as can be glean…

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