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OBI
V.
THE STATE

(2012) JELR 49295 (CA)    

Court of Appeal  ·  CA/L/222/09 ·  30 May 2012 ·  Nigeria
 · 
Other Citations
Obi v. State (2013) 5 NWLR (Pt. 1346) 68
CORAM
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
learned trial judge
pw2
prosecution
case
issue no.
record of appeal
reasonable doubt
totality of the evidence
accused person
cross-examination
evidence of the accused
evidence of the prosecution
ground no.
issues
lower court
respective parties
tender medical evidence
23rd day of december
briefs of argument
criminal code
fateful night
act of the accused
appellant pour petrol
assistant chief state counsel
fatal injuries
filing of this appeal
funke pw2
grounds of appeal
high court
high court of justice lagos
importance of the medical doctor
judgment of honourable justice d.o. oluwayemi
laws of lagos state
leading judgment
no. 285b
said funke adeyinka
said ijeoma
sole evidence of pwi
state c.i.d. panti
statement of offence
wife of the deceased kenneth chinedu obi
witnesses pw1

RITA NOSAKHARE PEMU, JCA: (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice D.O. Oluwayemi, delivered on the 30th of April 2008 wherein he, sitting at the High Court of Justice Lagos, Ikeja Division, convicted the accused - Eunice Obi for murder, thereby sentencing her to the penalty of death.

The facts and circumstances leading to the filing of this Appeal may be briefly stated as follows;

The accused person, Eunice Obi is the wife of the deceased Kenneth Chinedu Obi. They are blessed with five children. They lived at No. 285B, Ojo Igbede Road, Ojo, Lagos.

According to the prosecution, on the 23rd day of December 2002, the deceased who was a motorcycle rider (popularly known as Okada driver), came back from his normal business, took his dinner with the Appellant and his children.

At about 10.00pm, the deceased together with the Appellant went outside their home to get some fresh air. This is because there was power blackout.

According to …

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