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ALI & ANOR V.THE STATE

(1988) JELR 42825 (SC)

Supreme Court 15 Jan 1988 Nigeria
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- The two appellants were charged with murder in Oyo State, Nigeria. - The trial court found the appellants guilty based on the testimony of one witness. - The Court of Appeal upheld the conviction, finding no merit in the appeal. - The app

Case Details

Suit Number:SC.203/1986
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA 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:Mr. Mamsah Eno (With Him O. Ladipo Miss) For Appellant Mr.A.O Okesola Senoir State Counsel Oyo State Ministry of Justice (With him S.T. Babafemi (Miss) Senior State Counsel) For Respondent
Other Citations:(1988) All N.L.R 1 (1988) 1 S.C. 35, (1988) 1 NWLR (Pt. 68) 1,(1988) All N.L.R. 1, (1988) JELR 75181 (SC)

E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): The two Appellants herein were charged before the Shaki High Court in Oyo State with murder contrary to Section 254 (4) of the Criminal Code Cap.28 of the Laws of Western Region of Nigeria 1959 made applicable to Oyo State.

The particulars on the indictment were that on the 3rd day of September 1981 along Sapeteri/Igboho Road, in the Shaki Judicial Division they murdered one Mr. S.O. Ogundare, a Superintendent of Police. Altogether 10 witnesses testified for the State and at the close of the case for the prosecution the appellants' Counsel announced that the defendants would not give evidence on oath, but would rest their case on that of the prosecution.

At the conclusion of the whole case, the learned trial Judge (Adeniran, J.W in a reserved judgment considered the evidence before him and found the appellants guilty as charged. The appellants were dissatisfied with that judgment and appealed to the Court of Appeal on various grou…

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