(2011) JELR 46057 (CA)    

Court of Appeal  ·  CA/I/57/2008 ·  14 Jun 2011 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
accused person
n.w.l.r part
n.w.l.r. part
grounds of appeal
notice of appeal
trial court
exhibit b
amended notice of appeal
confessional statement
medical report
preliminary objection
court of appeal rules
armed robbers
criminal code act
defence of life
lower court
rules of this court
case of the state
circumstances of this case
evaluation of evidence
findings of facts
learned counsel
order of this court
such notice
sufficient cause
wrong principles of law
case of the appellant
criminal appeal
evidence shows
facts of the case
judgment of the oyo state high court of justice
leading judgment
learned jurist ogbuagu j.s.c
leave of this court
notice of preliminary objection states
oyo state
para e-h.
said gate
state of the evidence
virtue of order

MODUPE FASANMI, J.C.A. (Delivered the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court of Justice in suit no.I/47/04 delivered on the 22nd of June, 2006.

Briefly, the facts of the case are that Appellant on the 8th day of May, 2003 while on guard as a night watchman murdered one Engineer Isiak Lawal at Adeojo Estate, Old Ife Road, Ibadan. The case of the Appellant according to him was that at about 9.30p.m-10p.m on the 8th of May 2003, the deceased and four other occupants of a Corolla Car came to the gate of the Adeojo Estate at old Ife Road, Ibadan after the said gate had been locked. Appellant accosted them and enquired from them what they wanted. Instead of responding to the Appellant's enquiries, they forced themselves into the Estate after damaging the Appellant's single barrel gun which was issued to him by his employers. Appellant thinking that they were armed robbers ran after them while armed with another gun he took from his co-night or …

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