ONUBOGU & ANOR
V.
THE STATE

(1974) JELR 46183 (SC)    

Supreme Court  ·  SC.180/1974 ·  27 Sep 1974 ·  Nigeria
 · 
Other Citations
(1974) All N.L.R 561 (1974) 9 S.C. 1
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
spear
lawrence okani
evidence
first appellant
learned trial judge
counsel
police
witness
appellants
p.w.4
cross-examination
second appellant
police constable
exhibit d
1st appellant
benson okafor
iron rods
ogidi police
ogidi police station
p. w.2
sitting room
such evidence
uncompleted staircase
2nd appellant
above testimony
criminal trial
cross-examination of witnesses
following findings of fact
following question
ftrst throw
head wound
hold of exhibit d
instance of lawrence okani
leading judgment
learned counsel
learned judge
line of the counsel
onitsha high court
present case
prosecution case
purpose of this case
said code
said judgement
said spear
self-defence
serious contradictions
specific questions
use of the spear
view of this glaring conflict

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): At the Onitsha High Court on 22nd April, 1974, the appellants were jointly charged with and convicted of the offence of malicious damage to property contrary to section 451 of the Criminal Code of the East-Central State and sentenced to a year's imprisonment with hard labour. The first appellant (Christopher Onubogu) was also convicted in the same court on the same date of the offence of unlawful wounding contrary to section 338(a) of the said Code and sentenced to two years' imprisonment with hard labour. They both appealed to this court against their convictions. At the conclusion of the hearing on 15th August, 1974, we allowed the appeals and set aside the convictions and sentences passed on them. We now give our reasons for so doing.

The facts as found by the learned trial judge may be summarized as follows. On the day of the incident, Bertram Onubogu (2nd appellant) invited the complainant, Lawrence Okani (P.W.4) for a…

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