OLA
V.
STATE

(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

CORAM

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

appellant

court

evidence

counsel

learned counsel

pw2

reasonable doubt

mobile policemen

dr. erhabor

court of appeal

concurrent findings

evidence of pw2

accused person

charge of murder

learned trial judge

lower courts

cross-examination

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…

OLA V. STATE

OLA
V.
STATE