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ASHIMIYU & ORS.
V.
THE STATE

(1982) JELR 48681 (SC)

Supreme Court 7 Oct 1982 Nigeria
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- The four appellants were convicted of murder and sentenced to death for the killing of Frank Okonjo. - The incident leading to the death occurred when the deceased and the first appellant had a confrontation while driving their cars. - La

Case Details

Suit Number:SC.8/1981
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Counsel:F. O. Akinrele, SAN., (with him, Mrs. E. Edigin), For Appellant G. E. Edokpayi, Deputy Solicitor-General, Bendel State For Respondent
Other Citations:ASHIMIYU & 3 ORS. v. THE STATE (1982) 10 S.C. (REPRINT) 1

M. BELLO, J.S.C. (Delivering the Leading Judgment): We dismissed the appeal of the 4th appellant on 8th July, 1982, because he had died before the hearing of the appeal. On the same day, after hearing learned counsel for the three other appellants and without calling on the Deputy Solicitor-General, Bendel State, for his submissions, we also dismissed the appeals of the three appellants and affirmed their convictions for murder. We indicated then that we would give our reasons for doing so today. I now state my reasons.

The four appellants, namely, Adeshina Ashimiyu, Monday Chiadika, Alhaja Moriamo Otuyelu and Azuamaka Chiadika were the 1st, 2nd, 3rd and 4th accused respectively at the trial of the case and were the 1st, 2nd, 3rd and 4th appellants respectively in this court. The four appellants together with four other accused persons were jointly tried in the High Court of Bendel State, holden at Ogwashi-Uku, for the murder of one Frank Okonjo. At the close of the case for the prose…

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