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…

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