Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 44180 (SC)    

Supreme Court  ·  SC.193/1999 ·  13 Jul 2000 ·  Nigeria
Other Citations
Idowu v. State (2000) 12 NWLR (Pt.680) 48 (2000) 7 S.C (Pt II) 50 (2000) 10 W.R.N 1 S.C
ABUBKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
human life
learned trial judge
shade pelemo
court of appeal
accused person
head injury
confessional statements
brother taiwo pelemo
mr. obianwu
case of murder
exhibit c
reasonable doubt
medical evidence
oral arguments
confessional statements exhibits
criminal proceedings
grounds of appeal
light of the evidence
oral hearing of the appeal
sentence of death
small finger of my left hand
act of defilement of shade
additional grounds of appeal
alleged confessions
brief of argument
cause of his unconsciousness
c indicative of the guilt of the appellant
circumstantial evidence
come carry
court of trial
criminal code law of ogun state
death of shade pelemo
decision of the court
different times
father of the deceased shade pelemo
following facts
furtherance of the unlawful purpose
go sex
high court of ogun state
homicide section of the state investigation
judgment of the court of appeal
leading judgment
leave of this court
nature of the concoction of the likely results
small girl
undisputed facts

OGUNDARE, JSC: (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (Ibadan Division) affirming the conviction for murder and sentence of death passed on the appellant by the High Court of Ogun State (Ijebu-Ode Judicial Division). The appellant had stood trial on a one count information for murder contrary to section 319(1) of the Criminal Code Law of Ogun State in that on or about the 7th day of July, 1991 at the Ogun State Forestry Camp J4 Ijebu Waterside, he murdered one Shade Pelemo. To this charge, the appellant pleaded "not guilty". At the trial, five witnesses testified for the prosecution while the appellant gave evidence in his defence. Learned counsel for both the appellant and the prosecution addressed the court and, in a considered judgment, the learned trial Judge, on 3rd August 1992, found the appellant guilty as charged, convicted him of murder and sentenced him to death by hanging.

The appellant, being dissatisfied with this…

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