OGBALI & ANOR
V.
STATE.

(1983) JELR 46424 (SC)

Supreme Court · SC.71/1982 · 24 Mar 1983 · Nigeria

CORAM

GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

crowd

appellants

evidence

reasons

common intention

persons

circumstances

queen

early perpetrators

federal court of appeal

reasonable man

unlawful assault

3rd accused

accused persons

brother bello

cause of death

fatal blow

learned trial judge

trial

unlawful purpose

1st accused

1stand 2nd appellants

advice of pw6

brother bello j.s.c.

cause of death of the deceased

consultant surgeon

high court of anambra state

house of the councilor of the area

intention of each appellant

leading judgment of the court

legal requirement

medical evidence

members of the crowd

mortem examination

murder of the deceased

only issue worthy of consideration

opportunity of reading

others of the offence

police officer

probable consequence of that particular assault

probable consequence of the prosecution of such purpose

probable consequence of the prosecution of the unlawful purpose

prosecution of such purpose

prosecution witnesses

question of fact

result of that hit

trial court

west african court of appeal

BELLO, J.S.C.: (Delivering the Leading Judgment of the Court): The two appellants, namely, Nwibo Ogbali, who was the 2nd accused at the trial, and Ali Okoro who was the 3rd accused at the trial, were with 5 other accused persons jointly tried for the murder of one Ekuma Elom in the High Court of Anambra State, holden at Abakaliki. The trial court convicted the two appellants and two others of the offence. The Federal Court of Appeal allowed the appeals of the two others but dismissed the appeals of the two appellants and confirmed their convictions. We also dismissed the appeals of both appellants and reaffirmed their convictions on 17th February 1983. We indicated that we would give our reasons for doing so today. I now state my reasons.

I think it is pertinent to start with the evidence relating to the cause of death of the deceased. The post mortem examination on the body disclosed a fracture of the neck, fractures of both fore-arms and a rupture of the liver which caused internal …

OGBALI & ANOR V. STATE.

OGBALI & ANOR
V.
STATE.