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DURWODE
V.
THE STATE

(1999) JELR 43545 (CA)

Court of Appeal 6 Dec 1999 Nigeria
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- The appellant, Francis Durwode, was convicted and sentenced to death for the murder of Bomboy Ovie. - The prosecution presented circumstantial evidence, including witness testimonies and the discovery of human body parts, to establish the

Case Details

Suit Number:CA/B/81/98
Judges:SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria
Counsel:O. Mudiaga Odje For Appellant C.O. Emifoniye (A.C.L.O., Delta State) For Respondent
Other Citations:Durwode v. State (2000) 2 NWLR (Pt.645), pg. 393 FRANCIS DURWODE v. THE STATE

IBIYEYE, J.C.A. (Delivering the Leading Judgment): The appellant, Francis Durwode, was arraigned before the High Court of Justice No.3 sitting in Warri and presided over by M.C.U. Odita, J. (as he then was) on a single count charge with the murder of Bomboy Ovie on or about the 18th of September, 1985 under Section 319(1) of the Criminal Code Cap 48 Vol. II Laws of Bendel State of Nigeria.

The accused person, now appellant, pleaded not guilty to the charge.

Both the prosecution, now respondent and the accused person (appellant) adduced evidence at the trial Court. The learned trial Judge, at the close of hearing, having duly considered the items of evidence of the parties and the addresses of their counsel, opined that he was satisfied with the guilt of the appellant. He accordingly convicted and sentenced the appellant to death by hanging on the 1st day of July, 1988. The appellant being dissatisfied appealed against this judgment.

It is appropriate at this juncture to state quite…

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