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ERAGUA & ORS.
V.
THE AG BENDEL STATE

(1994) JELR 43416 (SC)

Supreme Court 11 Feb 1994 Nigeria
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Case Details

Suit Number:SC.308/1990
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU 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
Counsel:Chief A.O. Akpedeye For Appellant O.S. Uwuigbe (Mrs), Principal Legal Officer, Ministry of Justice, Edo State For Respondent

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant (Gabriel Osakwe) was arraigned with four others in the High Court of Justice of the former Bendel State in Abudu Judicial Division holden at Abudu on a two count information alleging conspiracy and murder of one Anna Nun on 29th November, 1984.

The case proceeded to trial and at the end, all the accused persons were found guilty on both counts and each was sentenced to death by hanging. Each of them appealed against the decision to the Court of Appeal, Benin Judicial Division.

While the appeal was pending in the Court of Appeal, that court was informed that the five convicts escaped from Benin Prisons where they were held in custody following a jail break on 25th May, 1989. As a result, the appeal was adjourned sine die. The appellant herein (Gabriel Osakwe) later surrendered himself to the prison authorities. His appeal was subsequently heard by the Court of Appeal which dismissed it on 26th October, 1990. Not satisfi…

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