OGUNO & ANOR.
V.
STATE

(2013) JELR 48542 (SC)

Supreme Court 1 Mar 2013 Nigeria
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- This is an appeal against the conviction and death sentence of two appellants for the offences of culpable homicide and abetting the commission of culpable homicide. - The appellants, who are brothers, were charged with causing the death

Case Details

Suit Number:SC.391/2010
Judges:MAHMUD MOHAMMED JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC SULEIMAN GALADIMA JSC SYLVESTER NWALI NGWUTA JSC STANLEY SHENKO ALAGOA JSC
Counsel:Elisha Y. Kurah Esq. For the Appellant; Sheni Ibiwoye Esq. For the Respondent.

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Jos Division, hereinafter called the lower court delivered on 2/6/2010 affirming the conviction and death sentence passed on the two Appellants by the trial court.

The two accused persons, Lawrence Oguno and Joel Oguno, were arraigned before the High Court of Justice Plateau State for the offences of culpable homicide punishable with death under Section 221 of the penal Code and abetting the commission of culpable homicide punishable under Section 85 of the penal Code respectively.

The charges read thus:-

1. That you LAWRENCE OGUNO on or about the 31st day of August 1998 at No. 53B Murtala Mohammed Way, Jos committed culpable homicide punishable with death in causing the death of Chief Patrick Oguno by causing him such bodily injury. To wit, stabbing him several times on different parts of his body with knife and pouring a corrosive substance on…

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