Customer Support

OMINI
V.
THE STATE

(1999) JELR 43627 (SC)

Supreme Court 24 Sep 1999 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant, a police officer, was initially convicted of murder but the conviction was later substituted with a conviction for manslaughter. - The appellant was on duty at a roadblock when he fired a shot that hit and killed a passenge

Case Details

Suit Number:SC.10/1998
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Counsel:C.J. Aremu (Mrs) For Appellant Respondent absent and unrepresented For Respondent
Other Citations:Omini v. State (1999) 12 NWLR (Pt.630)168 (1999) 9 S.C 1

A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 7th November, 1995, the Appeal of the Appellant to the Court below against his conviction for Murder under Section 319 of the Criminal Code was allowed, the sentence set aside, conviction for the offence of Manslaughter under section 317 of the Criminal Code was substituted. Appellant was accordingly sentenced to imprisonment of ten years with hard labour instead of death by hanging. The decision was unanimous. Appellant has further appealed to this court against the judgment of the court below.

The Facts.

The facts of the case are clear and undisputed; apart from the variance of the defence on his evidence at the trial from his extra judicial statement. They are contained in the evidence of PW 1, and of the accused. Appellant, a Police Officer, attached to the Mobile Unit of the Nigeria Police Force, was on duty at a road block mounted on the Lagos-Abeokuta Road, along Owode village, on October 8, 1986. Appellant si…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.