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EDIBO
V.
STATE

(2007) JELR 46488 (SC)

Supreme Court 11 May 2007 Nigeria
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- The appellant, Insp. Simon Edibo, was convicted of culpable homicide and sentenced to death. - The appellant appealed to the Court of Appeal, which dismissed the appeal. - The appellant then appealed to the Supreme Court. - The two main i

Case Details

Suit Number:SC.284/2003
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria
Counsel:Mahmud Garfar For Appellant Vera Venda (Mrs), Director of Public Prosecution, Ministry of Justice, Makurdi, Benue State (with her E.CA. Hundu, StateCounsel, Ministry of Justice, Makurdi, Benue State) For Respondent
Other Citations:Edibo v. State (2007) 13 NWLR (Pt.1051) 306 (2007)5 S.C. 135 (2007)5 S.C. 135

F. F. TABAI, J.S.C (Delivering the Leading Judgment): The appellant, Insp. Simon Edibo, was one of ten persons charged with the commission of various offences including culpable homicide. The trial was at the Benue State High Court at Makurdi and it was before late A.J. Ikongbeh, J., (as he then was). The trial involving the testimony of witnesses and address of counsel for the prosecution and defence ended on the 29/5/98. In his judgment on the 7/8/98 the appellant who was the 5th accused and the 4th accused A.S.P. David Joshua (since deceased) were each found guilty and convicted of culpable homicide and sentenced to death. They both proceeded to the Court of Appeal on appeal. In its unanimous judgement on the 7th of December, 1999 the appeal was dismissed. By the notice of appeal dated 9/12/99 each of the convicts came on appeal to this court. The other appellant having died, it was the appeal of the present surviving appellant that was heard on the 15/2/07. The appellant and the r…

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