OMOLEYE
V.
THE STATE

(2013) JELR 46321 (CA)    

Court of Appeal  ·  CA/L/810/2011 ·  3 May 2013 ·  Nigeria
CORAM
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
prosecution
record of appeal
evidence
lower court
reasonable doubt
2nd day of july
cross-examination
issues
scene of crime
admissible evidence
father of the deceased
issue no.1
accused person
inter alia
learned trial judge
owutu police station
respective parties
statement of the appellant
appellant olalekan omoyele
cause of death of the deceased
grounds of appeal
high court of lagos state
issue no.2
self defence
criminal code cap c12
deceased hit
deceased used firewood
deceased wale mogbojuri
effectual defence
end of the trial
evidence act cap
evidence of pw1 mr. oluwatosin magbojuri
evidence of the respondent
hold of the knife
homicide section of state c.i.d. panti
lagos state
laws of lagos state
laws of the federal republic of nigeria
national principle of kill
own defence
post-mortem examination
reasonable necessary force
single count of murder
stab wale
synopsis of facts
wale mogbojuri
weight of evidence
witnesses pw1

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Honourable Justice D. O. Oluwayemi of the High court of Lagos state delivered on the 2nd of March 2001 wherein he convicted the Appellant on the single count of murder, sentencing him to fourteen (14) years imprisonment thereby.

It is for the murder of one Wale Mogbojuri at the Tipper Garage Majidun, Ikorodu, Lagos on the 2nd of July 2004.

The Appellant OLALEKAN OMOYELE at the High Court of Lagos State, Ikeja Judicial Division was charged with a one count charge of murder contrary to Section 319(1) of the Criminal Code Cap C12, Vol. 2, Laws of Lagos State 2003 in that on or about the 2nd day of July 2004 at Tipper Garage, Majidun, Lagos, in the Ikeja Judicial Division, murdered one Wale Magbojun by stabbing him.

On the 24th day of November 2008, the Appellant pleaded not guilty to the charge - page 47 of the Record of Appeal.

SYNOPSIS OF FACTS

The Appellant and the deceased are fir…

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