GUOBADIA
V.
STATE

(2002) JELR 44444 (CA)

Court of Appeal · CA/B/204/2001 · 3 Jun 2002 · Nigeria

CORAM

RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKA'AHS Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

court

age

evidence

age of the appellant

trial judge

section

trial

issues

trial court

lower court

additional ground of appeal

age of the accused

learned trial judge

offence of murder

criminal code

criminal code cap

criminal procedure act

grounds of appeal

laws of bendel state of nigeria

provision of section

such person

actual age of the accused

affect sentence

age of an accused person

agnes ejofodomi v. okonkwo

appellant of murder

case of george v

circumstantial evidence

course of trial

decision of the trial judge

defence raise

direct evidence

extra judicial statements

issue no.

leading judgment

ltd v biosah

old son of rosaline

part of the record of the appeal

raphael olufemi rowland

saka adeyemi ibiyeye

self defence

step-mother

young person

KUMAI BAYANG AKA'AHS, J.C.A. (Delivered the Leading Judgment): The accused/appellant stood trial for the offence of murder contrary to Section 319(1) of the Criminal Code Cap. 48 Vol. II Laws of Bendel State of Nigeria, 1976. He was found guilty and sentenced to death by hanging.

The charge read as follows:-

"STATEMENT OF OFFENCE

MURDER punishable under Section 319(1) of the Criminal Code Cap. 48 Vol. II Laws of Bendel State of Nigeria, 1976.

PARTICULARS OF OFFENCE

AUGUSTINE GUOBADIA on or about 5th day of February, 1987 at Ologbo in the Benin Judicial Division murdered one OSAZUWAMEN (m)".

The facts are not in dispute. In the morning of 5/2/87, the accused started off to go to the farm with his father Sunday Guobadia who testified as PW3 and Victor. Half way to the farm, the accused changed his mind and returned home with his cutlass. He saw the two years old son of Rosaline his step-mother called Osamudiamen who was sleeping and cut his neck with the cutlass. The mother tried to r…

GUOBADIA V. STATE

GUOBADIA
V.
STATE