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AJUNWA
V.
THE STATE

(1988) JELR 42801 (SC)

Supreme Court 29 Sep 1988 Nigeria
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- The appellant was convicted of the murder of his nephew, Samuel Aminako Agwu, after a family dispute in which the appellant shot the deceased twice at close range with a double-barrel gun; the incident followed altercations and earlier ph

Case Details

Suit Number:SC.183/1987
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Chief C. O. Akpamgbo, S.A.N. (with him. I. Ogbuagu and A. Harris Eze) For Appellant A. I. Ezenagu, D.D.P.P., Ministry of Justice, Imo State, Owerri For Respondent
Other Citations:Ajunwa v. State (1988) NWLR (Pt.89) 380 (1988) 9 S.C 110, (1988) 4 NWLR (Pt. 89) 380, (1988) JELR 74957 (SC)

A. O. OBASEKI, Ag. CJN (DELIVERING THE LEADING JUDGMENT): On the 30th day of June, 1988, this appeal was heard by this court and after considering the submissions of counsel for the parties in their briefs of arguments filed in this court and those made at the oral hearing before us together with the judgment of the Court of Appeal and the proceedings in that court and the High court; I found no merit in the appeal. I then dismissed the appeal and adjourned the delivery of my reasons for the judgment till today. I now proceed to give them.

The appellant was tried on information for the offence of murder of one Samuel Aminako Agwu contrary to section 319(1) of the Criminal Code Cap 30 Vol. 2 Laws of Eastern Nigeria 1963 before the High court of Justice of Imo State holden at Umuahia and convicted by Ononuju, J. He was then sentenced to death.

Being dissatisfied with the conviction and sentence the appellant appealed grounds. As the particulars given are rather prolix, I shall set out her…

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