Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OGBOKA
V.
STATE

(2021) JELR 108808 (SC)    

Supreme Court  ·  SC.1058/2016 ·  7 May 2021 ·  Nigeria
CORAM
Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC John Inyang Okoro, JSC Ejembi Eko, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC

Ratio Decidendi

Core Terms Beta
court
trial court
reasonable doubt
pw1
ibrahim mohammed musa saulawa
pw2
extra-judicial statement
police officer
accused person
conclusive effect
deceased person
abuja judicial division
appeal no. ca
committed culpable homicide
credible evidence
death of mr angyati dzarma of no.
judgment of the court of appeal
laws of the federation of nigeria
learned counsel
penal code act
prosecution's case
reliable evidence
testimonies of pw1
background facts
bullion van driver
charge no. cr
clear evidence
close of the trial
course of the trial
disappearance of the evidence of the commission
driver of the bank
evidence of the eye witnesses of the incident
exercise of its discretion
genesis of the appellant
instant judgment
iota of evidence
leading judgment
learned justices of court of appeal
offense of culpable homicide
own cause
own defence
paragraphs h-a. see
present appeal
previous record of the accused
result of a gun shot
second charge
sentence of this court

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The present appeal is consequent upon the judgment of the Court of Appeal, Abuja Judicial Division, delivered on May 19th, 2016 in appeal No. CA/A/683C/2013. By the judgment in question, the Court below dismissed the Appellant's appeal against the judgment of the High Court of the Federal Capital Territory (FCT) Abuja delivered on March 31st, 2011 in charge No. CR/22/04.

BACKGROUND FACTS

The Appellant was a police officer who rose through the ranks to attain the non-commissioned officer's rank of a sergeant. He was attached to the Operation and Training Command, Abuja. His last duty post was ASO Savings and Loans Ltd, FCT Abuja.

Instructively, the genesis of the Appellant's travails is traceable to September 10th, 2003. Indeed, that was the day the Appellant, while on duty, was detailed along with the cash officer and the driver of the Bank for the purpose of conveying cash and cheque to the FCDA and Zenith Bank Mai…

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