(1978) JELR 46362 (SC)    

Supreme Court  ·  SC.75/1975 ·  16 Jun 1978 ·  Nigeria
Other Citations
AMEH v. THE STATE (1978) 6-7 S.C. (REPRINT) 21
ATANDA FATAYI-WILLIAMS 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
trial judge
7th p.w.
dane gun
learned trial judge
penal code
village head
written statement
lower abdomen
night of the incident
post-mortem examination
1st p.w.
defence of the appellant
earlier version
offence of culpable homicide
12th day of february
4th p.w.
accused shot
ankpa division
criminal case
dead body
direction of the farm of the accused
earlier thieves
facts of this case
farm of the accused
general hospital
gun shot wound
inexplicable reason
irreconcilable versions
later version
leading judgment
learned counsel
legal authorities
lokoja high court
mr. funmi jibowu
ogugu village
particulars of the offence state
p. c. ibrahim atofolaki
police all
reserved judgment
right of private defence
said code
said paul ameh
support of the charge
written statements of the appellant

FATAYI-WILLIAM, J.S.C. (Delivering the Leading Judgment): On the 10th December, 1974, in the Lokoja High Court, the accused, now appellant, was charged with the offence of culpable homicide punishable with death. The particulars of the offence state that the accused, on or about the 12th day of February, 1974, at about 11 p.m. at Emagaba, Ogugu village in Ankpa Division in Kwara State, committed the offence of culpable homicide punishable with death in that the said Paul Ameh caused the death of one Benjamin Idoko by shooting him with a dane gun knowing that death would be the probable and not only a likely consequence of his act.

The evidence by the prosecution adduced in support of the charge may be summarised as follows. On the day in question, Benjamin Idoko, the deceased, went to his farm to set a trap and never returned. Shaidu Abdul Idoko (P.W.4) and others who later went to look for him found his dead body in the farm of the accused. Eventually, the body was carried to the Gen…

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