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OKORUWA & ANOR.
V.
THE STATE

(1975) JELR 46232 (SC)

Supreme Court 1 May 1975 Nigeria
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- The case involves an appeal from a judgment in a manslaughter case. - The trial judge sentenced the appellant before conviction and did not pronounce sentence on the second count of negligent driving. - The appellant argued that the judgm

Case Details

Suit Number:SC.448/1974
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Mr. C.O. Ihensekhien For Appellant Mr. W.D.O. Agbahowe, Principal State Counsel (Mid-West) For Respondent
Other Citations:OKORUWA & ANOR. v. THE STATE (1975) 5 S.C. (REPRINT) 23

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): On Thursday, April 24, 1975, we heard the appeal from the judgment of Omo Eboh, J., given in Charge No. U/11c/71 at the High Court at Ubiaja, Mid-Western State of Nigeria, in which he purported to have sentenced each of the two accused persons to 5 years' imprisonment I.H.L. on the 1st count of manslaughter, but in which he did not pronounce sentence on the 2nd count of negligent driving in respect of both accused persons.

Of the five grounds of appeal filed before us, Mr. Ihensekhien, learned counsel for the appellant who alone has appealed, began by arguing the first ground which reads as follows:-

"The Learned Trial Judge erred in Law in so far as:-

(a) He sentenced the appellant before conviction.

(b) The judgment was not reduced into writing and signed and dated before it was "dictated."

(c) He sentenced the appellant before judgment.

(d) The judgment was reduced into writing, dated and signed when he was already functus off…

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