EFE & 6 ORS.

(1976) JELR 44456 (SC)    

Supreme Court  ·  SC.284/1975 ·  19 Nov 1976 ·  Nigeria
Other Citations
EFE & 6 ORS. v. THE STATE (1976) 11 S.C. (REPRINT) 42
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO G. IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria
Core Terms Beta
trial judge
7th appellant
7th appellants
3rd appellant
4th appellants
accused persons
common intention
ejoor owah
learned counsel
prosecution witnesses
2nd 3rd
4th appellant
aid of the villagers
car of the 7th appellant
charge of murder of ejoor owah
company of his senior brother
concerted intention
criminal procedure code
dead body
direction of okpe village
evidence of p.w.7
facts of the case
foregoing points
high court
judgment of the trial court
laps of the 6th appellant
leading judgment
major character
mr. ajayi
only ground of appeal
only inference
only irresistible presumption
police officers
reasonable doubt
senior sisters
short gun of the army type
strong circumstantial evidence
such error
sufficient evidence
trial judge ought
villagers search

BELLO, J.S.C (Delivering the Leading Judgment): The seven appellants were convicted on a charge of murder of Ejoor Owah and were sentenced to death on 12th June, 1975, in the High Court, Ughelli. We dismissed their appeal and affirmed their convictions and sentences on 23rd September, 1976. We now state our reasons.

The facts of the case found by the trial Judge are as follows: On 26th June, 1973, between 3.00 to 4.00 p.m., Ejoor Owah, a child aged 9 years, in company of his senior brother (P.W.4) and his two senior sisters (P.W.5) and (P.W.6) went to the bush to hunt for frogs. While returning home, the children were waylaid by the 1st, 2nd 3rd, 4th and 7th appellants who conjointly emerged from the bush onto Ikpe-Idheze road. The 7th appellant, who was holding a gun, suddenly seized and carried him away into the bush while the child was crying. Each of the 1st, 2nd and 4th appellants was armed with a matchet and the 3rd appellant had a long dane gun. When Ejoor's brother and sisters…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login