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ONYEMA
V.
THE STATE

(1975) JELR 48805 (SC)

Supreme Court 5 Dec 1975 Nigeria
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- Appellant, a school teacher, was charged with and tried for the murder of Olukwu Nwankwo under Section 319(1) of the Criminal Code Law, Cap 30, Vol. II, Laws of Eastern Nigeria 1963. - Evidence established that appellant suffered mental i

Case Details

Suit Number:SC.51/1975
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Counsel:F. O. Akinrele For Appellant D. O. Edosie, (Senior State Counsel East Central State) For Respondent
Other Citations:ONYEMA v. THE STATE (1975) 12 S.C. (REPRINT) 19

A. O. OBASEKI, AG. J.S.C. (Delivering the Leading Judgment): The appellant was tried in the High Court of the Umuahia Judicial Division of the East Central State holden at Umuahia by Aniagolu, J., for the offence of murder of one Olukwu Nwankwo and found guilty but insane on the 6th day of July, 1975. He was then ordered to be kept in the State's Prisons at Aba as a Criminal Lunatic until the pleasure of the administrator of East Central State be known.

Being aggrieved by the conviction the appellant filed a Notice of Appeal on 7 (seven) grounds. Mr. F.O. Akinrele learned counsel assigned to argue the appeal informed the court that he had nothing to urge in favour of the appeal.

Mr. D. O. Edosie (Senior State Counsel East Central State) who appeared for the respondent stated that on perusal of the records he associated himself with appellant's counsel but drew the court's attention to the conviction recorded which he submitted was not in accordance with the terms of the provisions of …

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