(1972) JELR 80251 (SC)    
Supreme Court  ·  SC.303/1970 ·  29 Sep 1972 ·  Nigeria
Other Citations
TASLIM OLAWALE ELIAS..... Justice, Supreme Court GEORGE B. A. COKER..... Justice, Supreme Court GEORGE SODEINDE SOWEMIMO..... Justice, Supreme Court
Core Terms Beta
dane gun
nwogbo jacob
udo jimmy
1st p.w.
accused person
confessional statement
home town
illicit gin
learned trial judge
robert akpan ekerete
3rd p.w.
6th p.w.
accused nursed malice
body of the deceased
close of the case
confessional statements
contents of the confessional statements
dead body
defence counsel
deliberate course of conduct
epe area
exhibit a
exhibit c
exhibit d
facts of the case
failed trial judge
federal supreme court
internal organs
john beggi
laws of western nigeria
learned defence counsel
little distance
okekale camp
okitipupa division of thewestern state
own confessional statement
own cutlass
police constable
police station
post-mortem examination
prosecution witnesses
rebel soldiers
resumed hearing
south-eastern state
thestrongest evidence
t. o. elias
used cutlass
western state court of appeal
younger brother

T. O. ELIAS, C.J.N. (Delivering the Lead Judgment):

The accused was charged with and convicted of the murder of one Robert Akpan Ekerete contrary to Section 254(1) and punishable under Section 257(1) of theCriminal Code, Cap. 28, Volume 1, Laws of Western Nigeria, 1959, on June 6, 1970 by Johnson, J., at the Ondo Judicial Division of the High Court of the Western State of Nigeria. On October 20, 1970, the Western State Court of Appeal dismissed his appeal. After hearing his appeal on August 14, 1972, we dismissed it as without merit. We now give our reasons for so doing.

The facts of the case may be briefly stated as follows: According to the accused's own three confessional statements (Exhibits A, C and D), all of which were admitted without any objection, the accused said in Exhibit A that he was accompanied by his younger brother (Udo Jimmy) during the month of March, 1967 from their home town in the South-Eastern State to Okekale Camp via Oboto in Okitipupa Division of theWestern St…

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