(2000) JELR 44052 (CA)    

Court of Appeal  ·  CA/IL/74/99 ·  20 Jan 2000 ·  Nigeria
Other Citations
Awopeju v. State (2000) 1 NWLR (Pt.659)1 q
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria PATRICK AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
senior advocate of nigeria
defence of alibi
learned counsel
learned san
reasonable doubt
evidence of the prosecution witnesses
trial court
evidence of the prosecution
testimonies of the prosecution witnesses
lower court
evidence of the 2p.w
learned principal state counsel
prosecution witnesses
accused persons
criminal case
evidence of the defence
house of the deceased
lead judgment
nature of the weapon
record of proceedings
younger brothers
bale of oke oyi
close of the defence
concocted evidence of pw2
contradictory pieces of evidence
evidence of the 7p.w.
following cases
ilorin police state headquarters
judgment of olagunju j.
kwara state high court
leading judgment
material points
nigeria police force
number of other matters
proof of evidence
provisions of the evidence act
review of the respective cases of the prosecution
rules of this court
said issues
statements of the 1st appellant
submission of the learned counsel
team of police investigators

AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olagunju J. (as he then was), of the Kwara State High Court sitting at Ilorin Judicial Division.

The judgment was delivered on the 30th of October, 1998.

The appellants, seven of them in number, stood trial for the offence of culpable homicide punishable with death, contrary to Section 221 of the Penal Code. At the trial, the prosecution called eleven witnesses and tendered some Exhibits. The appellants gave evidence and called altogether twelve witnesses. At the close of the defence, and after the learned counsel had submitted their written addresses, the learned trial Judge in a reserved judgment found the charge proved. The eleven appellants were accordingly sentenced to death by hanging. The appellants were dissatisfied with the judgment and, each filed a notice and ground of appeal against judgment.

The facts as found by the learned trial Judge may be summarized as follows:

There was a d…

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