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OGBODU
V.
THE STATE

(1987) JELR 42713 (SC)

Supreme Court 27 Mar 1987 Nigeria
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- The appellant was charged with the murder of John Okporokpo and pleaded not guilty. - The appellant claimed self-defense, while the prosecution argued that the appellant stabbed the deceased to death. - The appellant was convicted and sen

Case Details

Suit Number:SC.137/1986
Judges:ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC AUGUSTINE NNAMANI JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC
Counsel:Chief Milton Paul Ohwovoride with him I. A. Ovbugbedia For the Appellant. A. Alufohai Esqr. Senior State Counsel, Ministry of Justice, Bendel State For the Respondent.
Other Citations:Ogbodu v. State (1987) NWLR (Pt. 54) 20 (1987) 1 S.C 51

KAWU, J.S.C. (Delivering the Leading Judgment): This appeal was heard on Thursday, the 15th day of January, 1987. After carefully reading the records of proceedings, the briefs of argument filed on both sides, and hearing counsel for the appellant and the respondent, I dismissed the appeal and affirmed the judgment of the Court of Appeal. I then indicated that I would, today, give reasons for my judgment. I now proceed to give those reasons.

On the 21st day of February, 1984, the appellant was arraigned before the High Court of Bendel State, Oleh Judicial Division, presided over by Akpiroroh, J., and was charged with the offence of murder. The charge alleged that on or about the 17th day of January, 1983, at Oleh, he unlawfully killed one John Okporokpo. He pleaded not guilty to the charge.

The prosecution's case was that on the 17th day of January, 1983, the deceased. John Okporokpo, and his co-worker, one Sylvanus Egbede resumed work in the Bakery of P.W.1 - Mrs. Regina Asasa at a…

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