Customer Support

NWUZOKE
V.
THE STATE

(1988) JELR 42780 (SC)

Supreme Court 26 Feb 1988 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant was charged with and convicted of murder by the Anambra State High Court. - The appeal to the Court of Appeal was dismissed. - The appellant has now appealed to the Supreme Court on the grounds that the decision is unwarrant

Case Details

Suit Number:SC.113/1987
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Counsel:Senator N.N. Anah (with him V. I. Aganekwu) For Appellant D.N. Oguadi D.P.P. Anambra State For Respondent
Other Citations:Nwuzoke v. State (1988) NWLR (Pt.72) 529, (1988) 1 NWLR (Pt. 72) 529, (1988) JELR 70755 (SC)

C. A. OPUTA, J.S.C.: (Delivering the Leading Judgment): The Appellant was in the Abakaliki Judicial Division of the Anambra State High Court charged with, and convicted of the offence of murder by Obayi, J. and sentenced to death. His appeal to the Court of Appeal Enugu Division was found to be totally unmeritorious and was accordingly dismissed. In that Court neither learned counsel for the Appellant nor for the Respondent had anything useful to urge in his favour. He has now appealed to this Court on one original ground namely:-

"That the decision is unwarranted, unreasonable and/or cannot be supported by law."

This ground calls for another review of the facts of this case. Just how many such reviews can we have in one single case? That is the question and the answer seems to be in the policy of this Court to abide by the concurrent findings of the two Courts below unless exceptional circumstances are shown requiring this Court to intervene to prevent a miscarriage of justice.

Learn…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.