OGUNBANJO
V.
THE STATE

(1973) JELR 50540 (SC)    

Supreme Court  ·  SC.2/72 ·  23 Feb 1973 ·  Nigeria
 · 
Other Citations
(1973) All N.L.R, (1973) 2 S.C (REPRINT) 33, 1973 NMLR 257
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
evidence
learned trial judge
witnesses
defence
trial
appeal
lieutenant babalola
statement
adeolu lyaro
florence george
motor park
night of the 24th october
sane mind
1st p.w.
24th october
25th october
abnormal mental condition of the appellant
autopsy report
course of the stabbing of his wife
credible evidence
cross-examination
door of the room
fellow soldier
g. b. a. coker
high court
higher registrar of the court
house of the appellant
j.s.c
leading judgment
lieutenant yekini babalola
male child
medical treatment
mental disorder
name adeolu lyaro
okpara fyneface
own annoyance
own son
part of his judgment
police officer
police officers
police station
port harcourt
post-mortem examination
prosecution witness
prosecution witnesses
rivers state
superior officer
view
witness yekini babalola

G. B. A. COKER, J.S.C (Delivering the Leading Judgment): The appellant had appealed against his conviction by Inko-Tariah, J., (High Court, Port Harcourt, Rivers State) of the murder on the 24th October, 1970 of one Florence George. At his trial, six witnesses gave evidence for the prosecution one of them being the Higher Registrar of the court who produced the autopsy report in the absence of the pathologist, and two of them being police officers who had been concerned in the investigation of the case against the appellant. One of the policemen, Okpara Fyneface (P.W.4) was the constable on duty at the police station on the 25th October, 1970, and to whom the appellant had made a statement (admitted in evidence as Exhibit "C") to the effect that Florence George was his wife and that he had stabbed her and her male child of some eleven months old to death. The appellant was apparently thereafter taken before another police officer, Benjamin Olowo, (P.W.5) an Assistant Superintendent of…

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