APISHE & ORS.
V.
THE STATE

(1971) JELR 45974 (SC)    

Supreme Court  ·  SC.97/1970 ·  12 Feb 1971 ·  Nigeria
 · 
Other Citations
(1971) All N.L.R 53
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
learned chief justice
accused persons
ugbesie ashakaba
evidence
conclusion
issue of provocation
circumstantial evidence
1st day of april
alibis of the accused persons
chief justice
circumstances
circumstances of the case
course of his judgment
prosecution witnesses
state
1st prosecution witness
accused person
bayasung obudu
blood stains
busi people
busi village
cause of the earlier fighting
criminal code
defences of the accused persons
effect of the circumstantial evidence
evidence of the prosecution witnesses
fracture of his hand
front of the returning busi villagers
high court
issues of common intention
leading judgment
lethal weapons
line of defence
long-standing land dispute
man ugbesie ashakaba
mass of evidence
member of bayasung village
members of the village community of bayasung
murder contray section
nearby village of busi
others
possibility of a verdict of manslaughter
privy council
return of busi people
second shot
substance of their complaint
villagers of busi
west african court of appeal
whole issue of the land dispute
wife of ugbesie ashakaba

COKER, J.S.C. (Delivering the Leading Judgment): The three appellants were charged with murder contray section 319 of the Criminal Code and were on the 16th April, 1970, convicted by Alexander, C.J. (High Court, Calabar) and sentenced to death. They were stated to have murdered one Ugbesie Ashakaba at Bayasung Obudu in the Calabar Judicial Division on the 1st day of April, 1969. The accused were members of the village community of Bayasung which village has had a long-standing land dispute with the nearby village of Busi over a piece of land known as olo. The man Ugbesie Ashakaba, later deceased, was from Busi village. Earlier on the 1st day of April, 1969, there was violent fighting between the two villages at or near the farm of one Akpa Ajino who had a farm on olo as a result of which Akpa Ajino suffered a fracture of his hand. Later in the day some villagers of Busi, including Ugbesie Ashakaba were returning home from the Bumajo Market and reached a point near a stream. According …

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