(2000) JELR 44046 (CA)    

Court of Appeal  ·  CA/I/217/98 ·  20 Jan 2000 ·  Nigeria
Other Citations
Egbeyom v. State (2000) 1 NWLR (Pt.654)559
Egbeyom v. State (2000) 4 NWLR (Pt. 654) 559
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
cause of death
reasonable doubt
death of the deceased
evidence act
medical doctor
trial judge
7th p.w
medical evidence
olusanya hospital
lower court
circumstantial evidence
leading judgment
above findings of fact
appellant of the offence of murder
direct evidence
head injury
murder of mrs. nike oyebola
sworn evidence of a child
7th may
ample evidence of the nature of wound
completion of appellant
completion of prosecution
conclusion of arguments
considered judgment
daughter of the deceased ought
deceased sustained injuries
defence of self-defence
evidence act cap
evidence of the death of the deceased
extra judicial statements
first port of call
following findings of fact
ibadan high court
instant appeal appellant
intentional act of the accused person
iron rod exhibit
issue of confessional statements
laws of oyo state of nigeria
legal authorities
light of the evidence of pw7
lodgment of an appeal
particular facts
part of her testimony
submission of no case
view of the failure of the prosecution

ONALAJA, J.C.A. (Delivering the Leading Judgment): The appellant as accused was arraigned upon an information before Ibadan High Court in Ibadan Judicial division of Oyo State High Court and charged with the murder of Mrs. Nike Oyebola on or about 18th May, 1993 at Ibadan, Ibadan Judicial division aforesaid contrary to and punishable under Section 319 of the Criminal Code Cap 30 Vol. II Laws of Oyo State of Nigeria 1978.

The matter proceeded to trial wherein in establishing its case the prosecution called seven witnesses. Upon completion of prosecution's case learned counsel for the appellant made a submission of no case to answer. After a considered ruling the learned Trial Judge overruled the no case submission, thereafter appellant testified for herself and called a medical doctor as her witness.

Learned counsel to the appellant and the prosecution addressed the lower court after the completion of appellant's defence each referred to legal authorities to buttress their submissions.…

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