(2018) JELR 38766 (SC)    

Supreme Court  ·  SC.724/2013 ·  6 Jul 2018 ·  Nigeria
Other Citations
Ola v. State (2019) 1 NWLR (Pt. 1654) 474
Azuogu v. State (2018) 16 NWLR (Pt. 1644) 46
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned counsel
reasonable doubt
mobile policemen
dr. erhabor
court of appeal
concurrent findings
evidence of pw2
accused person
charge of murder
learned trial judge
lower courts
defence of accident
judgment of the trial court
leading judgment
police officers
sole issue
decision of the trial court
gun shot
lead judgment
nearest police station
pw2 ought
security man
acceptance of the evidence of pw3
case of armed robbery
early hours of 23rd june
edo state government chalets
edo state high court of justice
edo state of nigeria
end of the trial
evidence act
following items
judgment of the court of appeal benin division
judgment of the edo state high court
laws of bendel state of nigeria
night guard duty
nonchalant question
police sergeant
said issue
said pau lerimafo
security staff
uncontroverted evidence of pw2

JOHN INYANG OKORO, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Benin Division wherein the Court below affirmed the judgment of the Edo State High Court which convicted the appellant for the charge of murder and sentenced him to death under Section 319 of the Criminal Code cap 48 Vol. 11 Laws of Bendel State of Nigeria, 1976, now applicable to Edo State of Nigeria. A Synopsis of the facts will suffice.

The appellant, who was a police sergeant, was arraigned, tried, convicted and sentenced to death by hanging until he be dead, at the Edo State High Court of Justice, Benin City on 23rd May, 2011. This was in consequence of the murder of one Paul Erimafo on 23rd of June, 2003. The appellant was posted on night guard duty at the Edo State Government Chalets located along the Central Road, G.R.A., Benin City on 22nd June, 2003. He was issued with AK 47 Rifle and ten rounds of life ammunition.

In the early hours of 23rd June, 2003 at a…

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