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OLATUNBOSUN
V.
STATE

(2013) JELR 35594 (SC)

Supreme Court 12 Jul 2013 Nigeria
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Case Details

Suit Number:SC.399/2010
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC BODE RHODES-VIVOUR JSC CLARA BATA OGUNBIYI JSC KUMAI BAYANG AKA'AHS JSC
Counsel:O. Ajayi with him A. A. Usman For the Appellant; O. Olanipekun with him D. Aalumum For the Respondent.
Other Citations:(2013) 17 NWLR (Pt. 1382) 167

BODE RHODES-VIVOUR, J.S.C.: (Delivering the Leading Judgment): The appellant, as accused person was charged before an Omuo Ekiti High Court on one count for Murder. The charged read:

STATEMENT OF OFFENCE

Murder contrary to section 319(1) of the Criminal Code Cap 30 Vol. II Laws of Ondo State of Nigeria 1978 as applicable in Ekiti.

PARTICULARS OF OFFENCE

Akinola Olatunbosun (M) on or about the 28th day of June, 2003 at All Christian Fellowship Ministry Church, Ode-Ekiti, in the Omuo Judicial Division murdered one Joy Faith Olubodun.

Jegede J presided. Trial commenced on the 29th day of June, 2006 and ended on the 21st day of August 2007 with closing speeches from counsel. Four witnesses testified for the state while the appellant in his testimony on oath admitted committing the offence. The following were admitted in evidence as exhibits:

1. Exhibit A-Cutlass.

2. Exhibit B - Piece of Wood.

3. Exhibit C - Postmortem Report.

4. Exhibit D - Statement of appellant.

5. Exhibits A1-A8 - Phot…

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