AMAYO
V.
THE STATE

(2001) JELR 44345 (SC)

Supreme Court · SC.241/2000 · 13 Dec 2001 · Nigeria
·

Other Citations

Amayo v. State (2001) 18 NWLR (Pt.745)251 (2001) 12 S.C (Pt.1) 1

CORAM

ADOLPHUS GODWIN KARIBI-WHYTE JSC MICHAEL EKUNDAYO OGUNDARE JSC SYLVESTER UMARU ONU JSC SAMSON ODEMWINGIE UWAIFO JSC AKINTOLA OLUFEMI EJIWUNMI JSC

Ratio Decidendi

Core Terms ^Beta

appellant

evidence

learned trial judge

case

criminal code

p.w.1

reasonable doubt

trial court

present case

court of appeal

criminal responsibility

julius duru

laws of eastern nigeria

identification of the corpse

injured person

dangerous act

deceased woman

facts of this case

karibi-whyte jsc

leading judgment

sentence of death

state of mental unconsciousness

unlawful homicide

3rd p.w.

5th prosecution witnesses

accepted principle of law

accused person

alleged offence

commercial vehicle

concluding part of his judgment

crucial portions of the evidence of this witness

entire medical evidence

following circumstances

guilt of the appellant

high court of imo state

humble view

known causes

lord denning

matter of ordinary factual evidence

necessary inference

negligent acts

requisite mental state of voluntariness

said shittu

scientific evidence

second arm of section

second arm of the said section

virtue of the provisions of section

way findings of fact

UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal against a conviction for murder and sentence of death. The appellant, a police constable, was charged with the murder of one Julius Duru under section 316 of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963, erroneously stated as section 319(1). The alleged offence took place on 22 October, 1987 at Avu junction, Port Harcourt/Owerri road. He was tried in the High Court of Imo State presided over by Ubah, J. On 26 November, 1991, the learned trial judge in the concluding part of his judgment held:

"The testimonies of the 3rd, the 1st and 5th prosecution witnesses offer ample, and satisfactory proof of the ingredients of the offence of murder. In my humble view, the prosecution has proved the charge beyond reasonable doubt."

Earlier, he regarded the 3rd P.W as the only eye-witness relied on by the prosecution. He accordingly found the appellant guilty of the offence of murder and convicted him. He then sentence…

AMAYO V. THE STATE

AMAYO
V.
THE STATE