(2007) JELR 44034 (CA)    

Court of Appeal  ·  CA/IL/42/2006 ·  25 Apr 2007 ·  Nigeria
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st accused
learned trial judge
pc rotimi jeremiah
circumstantial evidence
confessional statement
trial court
accused person
reasonable doubt
erin-ile police station
lower court
conviction of the appellant
tiv language
offence of culpable homicide
commission of the crime
police officer
statement of the 1st accused
accused persons
arrest of the appellant
course of the trial
criminal trials
death of pc rotimi jeremiah
last seen theory
19th day of july
alleged confessional statement of the appellant
appellant guilty
body of pc rotimi jeremiah
confessional state
confessional statement of an accused person
defence case
disappearance of evidence
following reasons
following terms
high court of justice
kwara state
own case
particulars of the suzuki motorcycle
police station ilorin
record shows
said pc rotimi
senior police officer
senior police officers
stolen motor-cycle
such case
summary of the prosecution witnesses
superior police officer asp fashiku

MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the conviction of the Appellant for the offence of culpable homicide punishable with death by the High Court of justice, Kwara State presided over by Honourable Justice R.O. Elelu - Haleeb. The trial court found the Appellant GUILTY and sentenced him to death by hanging on 27/2/2006.

The Appellant and three other Accused persons were arraigned before the trial court on a two count charge for the offence of Culpable Homicide punishable with death contrary to section 241 of the Penal Code and causing disappearance of evidence, an offence contrary to section 167 of the Penal Code.

In the course of the trial before the lower court, two of the accused persons namely, Sebastian Tule and Joseph Sebastian died while the Appellant and one James Yaji (alias Apolo) survived the trial.

To prove the offence against the Appellants, the prosecution called a total number of six (6) witnesses and tendered eight (…

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