OCHIBA
V.
STATE

(2011) JELR 45941 (SC)    

Supreme Court  ·  SC.270/2010 ·  16 Dec 2011 ·  Nigeria
 · 
Other Citations
Ochiba v. State (2011) 17 NWLR (Pt. 1277) 663
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria SYLVESTER NWALI NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
state
court
prosecution
reasonable doubt
evidence
trial court
pw1
eye witness
identification parade
trial
learned trial judge
penal code
accused person
chukwudi achi
court of appeal
offence of culpable homicide
witness
death sentence
sentence of the appellant
decision of the court
eye-witness
paras e
high court
honourable court of appeal
standard of proof
state v
such death
vital witnesses
concurrent findings
criminal trial
evidence of the pw1
following cases
leading judgment
mr. kurah
mr. kurah of counsel
attorney-general of ogun state
brief of the facts
decision of the court of appeal
evidence of identification
evidence of pw1
eye witnesses
judgment of the court
learned trial court judge
orderly room trial
paras f
part of the documents
plateau state
trial of the appellant

MARY U. PETER-ODILI, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Jos Division, hereinafter referred to as the court below. The decision of the court below was delivered on the 29th day of June, 2010 affirming the conviction and sentence of the appellant for the offence of Culpable Homicide punishable with death contrary to section 221, of the Penal Code.

At the trial High Court presided over by the Honourable Justice Yargata Nimpar of the High Court of Justice, Jos, Plateau State before whom the appellant was arraigned, on the 9th day of November, 2005 and who convicted the appellant for Culpable Homicide and sentenced him to death by hanging.

The appellant appealed to the Court of Appeal, Jos unsuccessfully as that court dismissed the appeal and affirmed the conviction and sentence of the appellant. Against that judgment of the court below delivered on the 29th day of June, 2010 that the appellant has appealed to this cour…

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