Ratio DecidendiRatio DecidendiRatio Decidendi


(1983) JELR 46424 (SC)    

Supreme Court  ·  SC.71/1982 ·  24 Mar 1983 ·  Nigeria
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
common intention
early perpetrators
federal court of appeal
reasonable man
unlawful assault
3rd accused
accused persons
brother bello
cause of death
fatal blow
learned trial judge
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 …

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