(2001) JELR 50547 (SC)    

Supreme Court  ·  SC.278/2000 ·  14 Dec 2001 ·  Nigeria
Other Citations
Awopejo v. State (2001) 18 NWLR (Pt.745)430 (2001) 12 S.C 9(Pt.I) 168
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
alhaji issa atanda
court of appeal
decision of the court of appeal
trial judge
criminal procedure
failure of the prosecution
high court
learned trial judge
yusuf ali
case of the prosecution
circumstances of this case
identification of the corpse
leading judgment
learned counsel
respectful view
second issue
small community
trial high court
brother uthman mohammed jsc
conclusion of the trial
considered judgment
defences of the appellants
different persons
evidence of the identification
evidence of the prosecution witnesses
evidence shows
facts of the case
house of the father of the deceased
issue of identification of the corpse
katsina-alu jsc
kwara state government
law inspite
learned justice of the court of appeal
mandatory provisions of sub-rule
medical report
mere fact
observation of the learned trial judge
print of the photographs of the deceased body
rejection of the alibi of the appellants
solicitor-general of kwara state
submission yusuf ali
trial of the appellants
unexplained contradictions

MOHAMMED, J.S.C.(Delivering the Leading Judgment): At the conclusion of the trial conducted by Olagunju J (as he then was), each of the appellants was convicted of the offence of culpable homicide punishable with death, contrary to section 221(a) of the Penal Code. The learned trial Judge thereafter sentenced each of the appellants to death.

Dissatisfied with the decision, the appellants appealed to the Court of Appeal. After reviewing the facts and the evidence and in a considered judgment, the Court of Appeal dismissed the appeal of each of the appellants.

The appellants have now come before this court appealing against the decision of the Court of Appeal in which it affirmed the conviction and sentence passed on each of them by the High Court.

The facts of the case are undisputed. A chieftaincy dispute over the succession to the stool of Bale of Oke-Oyi town led to the death of one Alhaji Issa Atanda. The Kwara State Government made two conflicting announcements on 28/9/93 and 29…

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