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OKPERE
V.
THE STATE

(1971) JELR 41402 (SC)

Supreme Court 8 Jan 1971 Nigeria
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- Appellant was tried and convicted for the murder of Ganiyu Jimoh following a fatal altercation on Isheri Road, Ikeja, witnessed by two bystanders; cause of death was severe head trauma consistent with being struck by a blunt object. - App

Case Details

Suit Number:SC.85/1970
Judges:ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Counsel:Chief Coker,;Akinsanya;Somaye; For Appellant Mr. Ejiwunmi For Respondent

COKER J.S.C. (Delivering the Judgment of the Court): The appellant was charged and tried at the Ikeja Assizes by Adebiyi, J. and a twelve-man jury for the murder on the night of the 12th June, 1969, of one Ganiyu Jimoh. The case for the prosecution is that the death of the deceased was caused by injuries which he had received from the hand of the appellant along Isheri Road, Ikeja, on that night. In all eight witnesses gave evidence for the prosecution but of these only two actually saw the locus in quo before the incident described as causing the death of Ganiyu Jimoh. One was an expatriate engineer in the employment of a commercial company nearby by the name of Kamas Masoud. According to him, on the night in question, as he went back home in his car, he saw two boys fighting near a river along the Isheri Road. He slowed down and from his car told them not to fight. As they refused to heed his entreaties he drove off in his car. He could not identify either of the boys fighting but h…

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