(1997) JELR 45459 (SC)    

Supreme Court  ·  SC.137/1996 ·  18 Jul 1997 ·  Nigeria
Other Citations
Emoga v State (1997) 1 NWLR (Pt.483) 615
Emoga v. State (1997) 9 NWLR (Pt. 519) 25
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 ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
inconsistency rule
learned trial judge
court of appeal
trial court
accused person
leading judgment
extra-judicial statement of the appellant
inter alia
learned counsel
mr. ukala
such testimony
case of egboghonome v
cause of death
full court
learned justice
previous statements
reasonable doubt
above observations
conviction of the appellant
deceased hit
defence of self defence
delta state
erroneous decision of the lower court
evidence of an accused
federal supreme court
following comments
following words
further contention
given circumstances
high court of bendel state
important question of law
judgment of this court
learned chief justice of england
lower court
m. e. ogundare
mohammed jsc
oleh judicial division
proper procedure
s.199 of the evidence act
self defence
testimony of the only eye witness
trial judge
unanimous decision

U. MOHAMMED, J.S.C. (Delivering the leading judgment): The appellant was convicted at the High Court of Bendel State, sitting at Oleh by Akpiroroh J. for the offence of murder and sentenced to death by hanging. He was found to have caused the death of one Godwin Ikor, at Ozoro, in Oleh Judicial Division in what is now Delta State.

The prosecution's case was given mainly through the testimony of the only eye witness to the incident, one Richard Ashakobe, who gave evidence as P.W.3. He told the trial court that on the fateful day when the incident happened, he went out together with the deceased to prostitutes' houses at Iyosa Street, Ozoro. When they reached there they met the appellant in front of the houses of the prostitutes.

The witness testified further and said:

"As soon as he saw the deceased, he threw away a glass of drink that he was holding and held the deceased by his hand and fight ensued between them. I separated the fight with some people. I took the deceased and started…

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