(1996) JELR 45927 (SC)    

Supreme Court  ·  SC.134/1994 ·  20 Sep 1996 ·  Nigeria
Other Citations
Edhigere v. State (1996) 8 NWLR (Pt.464) 1
Edhigere v. State (1996) 8 NWLR (Pt. 464) 1
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
okpako eghagha
learned trial judge
trial court
court of appeal
exhibit c
confessional statement
accused persons
evidence of p.w.1
ighovuamofa enuekpe
man-pass-man ugbogbo
facts of this case
inter alia
mr. olisa agbakoba
sentence of the appellant
whereabout of the deceased
above mentioned persons
accused person
following day
following persons
learned counsel
nature of evidence
night time
police station
senior police officer
voluntary confession
2nd march
adequate corroboration
confessional statements
confession of the appellant
considered judgment
delta state
exhibit d
exhibits c
facts of the case
general rule
heavy weather of the learned trial judge
high court of bendel state
josiah eghagha
leading judgment
police men
severe head injury
single issue
testimony of p.w.1
unanimous decision

MOHAMMED, J .S.C. (Delivering the Leading Judgment): In the High Court of Bendel State, holden at Oleh (now in Delta State), the appellant and three others were arraigned for the offence of murder, contrary to section 319(1) of the Criminal Code. The other three accused persons were; Josiah Eghagha, Passman Ugbogbo and Lucky Otunu. They were all charged of having murdered one Okpako Eghagha, on 2nd March, 1984, at Ivu bush, Enwhe, in Oleh Judicial Division.

The facts of the case for the prosecution were given in the testimony of P.W.1, Onoita Okpako. He told the trial court that on 2/3/84 while he was sitting in a hut in Ivu bush together with his father (deceased) and two sisters, the 2nd-4th accused, in the company of one, Onomeroso, came to the hut. The appellant was the 2nd accused at the trial court. The accused told the deceased that the father of Onomeroso had died and that they wanted the deceased to follow them to Enwhe.

P.W.1 said that he observed that all the three accused…

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