(1963) JELR 45899 (SC)    

Supreme Court  ·  FS.C.163/196F ·  5 Mar 1963 ·  Nigeria
Other Citations
(1963) 1 All N.L.R 365
ADEMOLA ADETOKUNBO C.J.N Justice of The Supreme Court of Nigeria LIONEL BRETT Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria
Core Terms Beta
chief omoben
evidence of the 18th p
late inspector uzoigwe
yekini momodu
18th september
a.s p.
john omigie
members of the n.c.n.c.
mr. ikpeazu
owner of the van
trial judge
yoruba men
1st accused
1st fire
24th september
5th accused
admissibility of the statements
admission of the confessional statements
armed crowd
a.s.p. inyang of lagos
benin charge no. bn4c
benin division
c. ikpeazu q.c.
circumstances of the case
confessional statements
court orders
defence counsel
dozen persons
first gun shot
good sense
high court
high court of western nigeria
house of the 1st appellant
judgement of the court
leaders of the action group
p.c. dennis lawani
side of the road
trial judge ought
ubiaja police station
ujogba village
undoubted fact
version of the owner
words of exhortation

BAIRAMIAN, J.S.C. (delivering the judgement of the Court):-The five appellants were tried with four others on a count of murdering one Yekini Momodu at Ujogba Village in the Benin Division on 18th September, 1961. The other four were acquitted; the five appellants were convicted of the murder by Kester, J. on 8th April, 1963, in the High Court of Western Nigeria.

One Onitiri hired a van at Lagos to take thirteen Yoruba men from Lagos to Benin. At Benin they met one John Omigie (p w. 4), who took the van with ten of the men in it to Ebelle for the night between the 17th and 18th September, 1961, and on the 18th he sent them to Ujogba. John Omigie said that the men were brought from Lagos to act as bodyguard for him and other leaders of the Action Group in Ishan Division because members of the N.C.N.C. were destroying and looting their houses.

Arrived at Ujogba, the men were entertained by Okosun (p.w. 14) at his house; then the men, with two others (p.w. 11 and p.w. 18) and Okosun, ent…

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