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OGUONZEE
V.
STATE

(1998) JELR 50558 (SC)    

Supreme Court  ·  SC.131/97 ·  24 Apr 1998 ·  Nigeria
 · 
Other Citations
Oguonzee v. State (1998) 5 NWLR (Pt.551) 521 (1998) 4 S.C 110
Oguonzee v. State (1998) 5 NWLR (Pt. 551) 521
CORAM
SALIHU MODDIBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
evidence of pw2
high court of justice
learned trial judge
detailed evidence of various internal injuries
decision of the trial court
findings of fact of the learned trial judge
court of appeal
body of the deceased deserves attention
decision of the learned trial judge
exhaustive review of the evidence
edo state
laws of bendel state of nigeria
learned justices of the appeal court
accused person
principal witness
findings of fact of a trial court
team of policemen
judgment of the court
own defence
trial court
deceased remigious mekoba
medical doctor
benin city
witnesses
present case
road check-point
learned justices of the court of appeal
expert opinion
concurrent findings of facts
respiratory failure
such evidence
particulars of the offence
clear evidence
candid view
applicable principles of law
case of accidental discharge
evidence of pw4
trial
case of the prosecution
credible evidence
pw4
statement exhibit
appellant
issues
death of the deceased remigious mekoba
evidence act
tainted witness
benin judicial division shot

IGUH, JSC (Delivering the Leading Judgment): The appellant, Clement Oguonzee, an Assistant Superintendent of Police, was arraigned before the High Court of Justice. Edo State, holden at Benin City, charged with the offence of murder punishable under Section 319(1) of the Criminal Code, Cap. 48. Vol. 11 Laws of Bendel State of Nigeria, 1976 applicable in Edo State. The particulars of the offence charged are as follows:-

"Clement Oguonzee (m) on or about the 18th August, 1994 at Oluku Junction, along Benin Lagos Expressway within the Benin Judicial Division shot and murdered one Remigious Mekoba."

The accused pleaded not guilty to the charge and the prosecution called four witnesses at the trial. The accused also testified in his own defence but called no witnesses.

The substance of the charge as presented by the prosecution was that on the 18th day of August, 1994 the deceased, one Remigious Mekoba, and PW4 his junior brother, were travelling from Lagos to Awomoma in Imo State in a Vol…

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