Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ENEBELI
V.
STATE

(2021) JELR 108760 (SC)    

Supreme Court  ·  SC.1023/2017 ·  4 Jun 2021 ·  Nigeria
CORAM
Mary Ukaego Peter-Odili, JSC John Inyang Okoro, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC Emmanuel Akomaye Agim, JSC

Ratio Decidendi

Core Terms Beta
state
evidence
pw1
dying declaration
confessional statement
record of appeal
alero eniyan
accused person
appeal
lower court
charge of murder
exhibit p1
appellant's counsel
6th day of may
cross-examination
illiterate jurat
instant appeal
laws of the defunct bendel state
learned trial judge
phone call
state v
trial court
cause of death
civil rights
deceased alero
evidence of pw2
illiterate protection law
litres of acid
statement of the deceased
appeal no. ca
count charge of murder
deceased skin
decision of the court of appeal
statement of the appellant
addresses of counsel
appellant's appeal
appellant's statement
appellant thumb
brief statement of facts
case of the respondent
conclusion of trial
deceased died
deceased had bandage
deceased's parents
examination of the said exhibit
exhibit p2
exhibits p1
holding of the learned trial judge show
judgment of the delta state high court
said alero eniyan

ADAMU JAURO, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Benin Division delivered on 7th June, 2016 in appeal No. CA/B/239C/2013 wherein the Appellant's appeal was dismissed and the judgment of the Delta State High Court sitting in Sapele delivered by E.N. Emudainohwo J. (Mrs.) on the 16th July, 2012 was affirmed.

BRIEF STATEMENT OF FACTS

The Appellant was charged on a one count charge of murder punishable under Section 319 (1) of the Criminal Code Cap 48 Vol. II Laws of the defunct Bendel State as applicable to Delta State.

​In a bid to discharge the evidential burden imposed on it by law, the Respondent as prosecution at trial called three witnesses who testified as PW1 - PW3 and tendered seven exhibits marked Exhibits P1 - P7. The Appellant testified in his defence and called one other witness without tendering any exhibit. PW1 is the step father of the deceased; PW2 is the investigating police officer (IPO), while PW3 is the m…

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