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IKPASA
V.
BENDEL STATE

(1981) JELR 42510 (SC)

Supreme Court 18 Sep 1981 Nigeria
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- The case involves the appellant, Godwin Ikpasa, who was charged with the murder of his wife in Bendel State, Nigeria. - The appellant argued that he should not be tried and convicted under the Criminal Code of Bendel State, which came int

Case Details

Suit Number:SC.93/1980
Judges:UDO UDOMA JSC GEORGE SODEINDE SOWEMIMO JSC AYO GABRIEL IRIKEFE JSC MOHAMMED BELLO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC AUGUSTINE NNAMANI JSC KAYODE ESO JSC
Counsel:Mr. F. O. Akinrele, SAN., (with him, Mr. Adeyemi, A. O. Ajayi and Mrs. E. Edigun) For Appellant Mrs. G.E. Edokpayi,. Deputy Solicitor-General, Bendel State For Respondent
Other Citations:IKPASA v. BENDEL STATE (1981) 9 S.C. (REPRINT) 5

SIR UDO UDOMA, JSC (Delivering the Leading Judgment): There was in force and full operation throughout Nigeria under a unitary system of government one Criminal Code under the Criminal Code Ordinance from 1961 up to and including 30th September, 1954. In it, the crime of murder was clearly defined; and the penalty prescribed to be visited upon anyone convicted of having committed the offence was death. Then came the Constitution of 1954. On 1st October, 1954, by the Nigerian (Constitution) Order in Council 1954, Nigeria became a Federation, comprising three separate Regions, namely, Northern, Eastern and Western Regions, with Lagos constituted a Federal Territory but treated as a Region for all practical constitutional purposes, except that it was not endowed with a separate government and a separate legislature. Lagos was represented by a Minister in the Council of Ministers of the Federation. He was styled the Minister for Lagos Affairs. Under the Constitution of 1954, the territory…

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