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EMWENYA
V.
AG BENDEL STATE

(1993) JELR 43277 (SC)

Supreme Court 18 Jun 1993 Nigeria
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Case Details

Suit Number:SC.145/1992
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
Counsel:Chief Babashola Rhodes, SAN (with him, C. Ike and E. Bassey) For Appellant Belinda Kalu (Mrs.) Chief Legal Officer, Ministry of Justice Edo State For Respondent
Other Citations:Emwenya v. AG Bendel. (1993) NWLR (Pt.297) 29 (1993) 6 SCNJ 166

BELGORE, J.S.C. (Delivering the Leading Judgment): On 31st day of December 1984, one lady by name Queen Ero, now deceased, was going to buy bread and was accompanied by her sister Esole Ero (P.W.6) As they were going on the road they got to a place by the front of the house of the appellant, Corporal Andrew Emwenya, when an accident occurred involving the daughter of the appellant and a car driven by a woman. The accident attracted a crowd including the mother of the appellant who came out of the house to see her grand-daughter who sustained a broken leg in the accident. The deceased and her sister (P. W.6) helped the woman driver of the accident car to dispatch the girl to the hospital. After the departure of the victim of the accident and the car from the scene, the mother of the girl was crying and the deceased followed her towards the house commiserating with her.

At this juncture, the appellant who never saw the accident and probably only heard of it, arrived at the scene and ask…

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