(1976) JELR 45719 (SC)    

Supreme Court  ·  SC.472/75 ·  29 Oct 1976 ·  Nigeria
Other Citations
AKPUENYA v. THE STATE (1976) 9-10 S.C. (REPRINT) 246
GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
2nd prosecution witness
reasonable doubt
accused person
police station
defence of alibi
evidence of the 1st prosecution witness
material time
post mortem
14th day of october
2nd day of december
7th prosecution witnesses
accused person stab
attention of p.w.1
close of evidence
company of his son john edobor
considered judgment
dead body of edobor ekhoragbon
defence of the accused person
evidence of prosecution witnesses
evidence of the accused
evidence of the accused appellant
evidence raise
high court
igbogili village
leading judgment
medical evidence of 2nd prosecution witness
murder of edobor ekhoragbon
native calico
obiegwa bush
ogbe-obi quarters
okoh okwa
only witness
people of ogbe-obi quarters
pieces of evidence of the 3rd prosecution witness
point of death
police exhibits b
police officers
previous statements
question of the identity of the corpse
son p.w.1
such witnesses
sufficient evidence
untimely death
western state

OBASEKI, AG. J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on the 14th day of October, 1976 and now give our reasons.

The appellant was at Agbor tried and convicted by the High Court of Mid-Western State (Ovie-Whiskey, J., (as he then was) of the murder of Edobor Ekhoragbon on the 12th day of February, 1974 at Abavo bush contrary to Section 257(1) of the Criminal Code Cap.28 Vol.1 - Laws of Western Nigeria applicable in the Midwestern State. He was sentenced to death on the 2nd day of December, 1975 and being aggrieved by the conviction he appealed to this court.

Two grounds of appeal were with the leave of this court substituted for the original grounds of appeal and argued before us by his counsel. These were principally based on facts and read as follows:

"(1) The judgment of the High Court is unreasonable and cannot be supported having regard to the evidence.

(2) The learned trial Judge erred in law and on the facts in convicting the appellant when the case ag…

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