(1996) JELR 45906 (SC)    

Supreme Court  ·  SC.121/1993 ·  13 Feb 1996 ·  Nigeria
Other Citations
Oguntolu v. State (1996) 2 NWLR (Pt.432) 503
Oguntolu v. State (1996) 2 NWLR (Pt. 432) 503
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
cause of death
trial court
evidence of p.w.1
medical evidence
femi ajewole
learned trial judge
lower courts
accused person
body of the deceased
learned director of public prosecution
ondo state
preview of the judgment
william ojo
account of the stolen cement
act of the appellant
akure high court
charge of murder
criminal code
criminal code cap
dead person
decision of the court of appeal
evidence of the single eye witness
following cases
following issues
judgments of the lower courts
laws of western nigeria
leading judgment
learned counsel
mr. akhidehnor
murder charge
only eye witness
police c.i.d.
record points
record shows
role of any court of law
sufficient evidence
throat of the deceased

KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant and one Femi Ajewole were charged with the murder of one William Ojo contrary to section 254(2) and punishable under section 257(1) of the Criminal Code Cap.28 Laws of Western Nigeria, 1959 applicable to Ondo State. Femi Ajewole escaped from custody and the trial proceeded against the appellant only. He was tried and convicted as charged by the Akure High Court. His appeal to the Court of Appeal, Benin City was unanimously dismissed. Still aggrieved by the decision of the Court of Appeal, the appellant has now appealed to this Court.

The events which led to the murder charge as can be gathered from the evidence of P.W.1, the only eye witness, arose from an attempt by Femi Ajewole, the escapee, to sell some bags of stolen cement to one Ademola Gbadebo (P.W.3). The P.W.3 was arrested for being in possession of stolen property and was detained by the Police. On his release, P.W.3 found out that the appellant had called to s…

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