OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants were convicted of the murder of Sampson Etim (hereinafter called the deceased) by Umuahia High Court and sentenced to death contrary to section 319(1) of the Criminal code on the 30th of November, 1990. The case for the prosecution was that on the 22nd of April, 1988 the deceased, his wife, Alice Sampson (PW2) and two of his friends, Friday Ben (P W3) and James Okoro (PW4) went with the deceased to harvest cassava from his farm. While they were doing the harvesting, the deceased decided to visit the portion of his cassava plantation which was harvested by thieves from Ndiwo village. As he was going there, he was halted by about 20 people who challenged him as to what he was doing on the farm. There was an altercation between the deceased and the people. One of the people shouted, "Shoot him! Shoot him!" The deceased was shot and he died on the spot. The matter was reported to the police and after investigation, the accuse…
IMO
V.
STATE
(2000) JELR 76419 (CA)
Court of Appeal 11 Apr 2000 Nigeria
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Case Details
Judges:JAMES OGENYI OGEBE, J.C.A. (Presided and Read the Leading Judgment), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A., MICHAEL EYARUOMA AKPIROROH, J.C.A.
Counsel:F.A. Oso (with him, S. Karibo) - for the Appellants
C.N. Oji Esq., Senior Legal Officer, - for the Respondent
Other Citations:(2001) 1 NWLR (Pt. 694) 314
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