DOGO
V.
THE STATE

(2011) JELR 46057 (CA)

Court of Appeal · CA/I/57/2008 · 14 Jun 2011 · Nigeria

CORAM

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

appellant

counsel

learned trial judge

appeal

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 …

DOGO V. THE STATE

DOGO
V.
THE STATE