BAKARE
V.
THE STATE

(1972) JELR 40137 (SC)    

Supreme Court  ·  SC.58/1972 ·  24 Nov 1972 ·  Nigeria
 · 
Other Citations
BAKARE v. THE STATE (1972) 11 S.C. (REPRINT) 63
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Core Terms Beta
father
gun
asani bakare
wife
5th p.w.
appeal
dane gun
junior brother
police
reasons
year
17th february
17th january
alarm
charged.his appeal
charge of murder
corridor of their house
cross-examination
defence
due investigation
evidence of provocation
father bakare
full brother
ground
gun shot
gunshot wounds
high court
ibipe street
incident
inter alia
ita-ala
leading judgment
learned trial judge
months
morning of february
mr. akinrele
murder of the deceased
neighbours
oath
p.c. gregory orido
people
report
risikatu saidu
saidu bakare
son of the deceased
terms
view
western state court of appeal
williams
written statement

FATAYI- WILLIAMS, J.S.C. (Delivering the Leading Judgment): The appellant was tried in the High Court, Ijebu-Ode, on a charge of murder. He was alleged to have murdered one Asani Bakare at Ibipe Street, Ita-Ala, Ago-Iwoye, on the 17th February, 1970.

According to Saidu Bakare (5th P.W.) the son of the deceased and a full brother of the accused, the accused, prior to the incident, had not been on speaking terms with their father (the deceased) because the accused was not satisfied with the action of the deceased in providing a wife for the 5th P.W. and none for him (i.e. the accused).

On 17th January, 1970, Risikatu Saidu (6th P.W.) and the wife of the 5th P.W. heard a gun shot. As a result, she went to the corridor of their house and there found the deceased on the ground writhing in pain while the accused stood by his side holding a gun (Ex. "C"). She then raised an alarm and other neighbours came to the spot.The deceased died soon after of haemorrhage resulting from gunshot wounds. …

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