AREMU
V.
THE STATE

(1984) JELR 40034 (SC)    

Supreme Court  ·  SC.51/1983 ·  14 Jun 1984 ·  Nigeria
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
manslaughter
circumstances
evidence
j.s.c.
defence
appeal
burglary
prosecution
premises
presiding justice
regard
sentence
brother
court of appeal
dane gun
hard labour
high court
learned trial judge
years imprisonment
accused person
act of killing
act of the appellant
appellant's persistent story
brother irikefe j.s.c.
burglar
chief akande
conviction of the appellant
course of the trial
defence of the appellant
direct evidence
earliest time
evidence of investigation of the allegation
extra-judicial statement
favour of the appellant
full agreement
group of men
group of robbers
iota of evidence
leading judgment
learned presiding justice
ogun state high court
only evidence
possession of the dane gun
report of a gun
said premises
scene of an alleged burglary
sure verdict
versions

IRIKEFE, J.S.C.: (Delivering the Leading Judgment): The appellant was convicted of the murder of the deceased in the Ogun State High Court sitting at Abeokuta by Abimbola, J. and sentenced to death. On appeal to the Court of Appeal, both the prosecution and the defence stated that they had nothing useful to urge in favour of the appellant and thereupon his appeal was dismissed.

Before us, Chief Akande for the appellant sought our leave to urge the ground that the evidence produced was inadequate to support the charge as laid. The evidence produced by the prosecution was that the appellant, a nightguard employed to guard two premises, had shot at and killed with his dane gun a man whom he alleged was among a group of men who had come to burgle one of the premises he had to guard which contained cement. There was no direct evidence of the shooting quite apart from the admission by the appellant. There was evidence by 4th P.W. that he heard the report of a gun and that the appellant had …

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