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NNAKWE
V.
STATE

(2013) JELR 35607 (SC)

Supreme Court 12 Jul 2013 Nigeria
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- The appeal arose from an interlocutory ruling involving charges of attempted assassination against Dr. (Mrs.) Dora Akunyili, with all counts deemed to have occurred in the course of the same transaction. - The substantive issue was whethe

Case Details

Suit Number:SC.254A/2007
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria
Counsel:O. A. Akerele with Clement Onwuenwunor, Esq. and Gerald Ogokeh For Appellant Kehinde Ogunwumiju with Bridget Omon Oleabhiele and Abolanle Alawoya For Respondent

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The case in this appeal is on all fours with the sister case in Appeal No.SC.254/2007 as it is predicated on the same set of facts, proceedings are in the same trial and resulting the ruling from whence the interlocutory appeal emanates.

With the same set of issues formulated, the outcome of one judgment also binds the other.

It is pertinent to state that all the counts 1, 2, 3 and 4 in the charge are deemed offences committed in the course of the same transaction (that is to assassinate P.W.1, Dr. (Mrs.) Dora Akunyili, the Director General of (NAFDAC). Counts 3 and 4 therefore automatically become offences committed in the FCT as soon as the appellant entered the FCT. This is because they ore continuing manifestation of the acts in counts 1 and 2 which took place in Federal Capital Territory Abuja.

On a community reading of section 4(2)(b) of the Penal Code Act read along with section 134(a) (b) (c) and (d) of the Crimina…

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