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ORISAKWE
V.
THE STATE

(2004) JELR 45037 (SC)

Supreme Court 28 May 2004 Nigeria
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- The appellant was charged with the murder of Sylvanus Agbarakwe and sentenced to death. - The prosecution's case was that the appellant stabbed the deceased with a dagger. - The appellant claimed self-defense, stating that he hit the dece

Case Details

Suit Number:SC.235/2002
Judges:MOHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Counsel:Chief C. A. B. Akparauta (with him, R. M. Emem, Esq.) For Appellant L. C. Azuama, Esq., Asst. Director of Public Prosecution, Imo State For Respondent

UWAIS, CJN (Delivering the Leading Judgment): The appellant was charged in the High Court of Imo State (Ojiako, C. J.) with the murder of one Sylvanus Agbarakwe contrary to section 319 subsection (1) of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963 applicable to Imo State and was sentenced to death.

The prosecution case is briefly as follows: On the 20th day of September, 1993, there was a ceremony in Umunoha town to mark the end of a mourning period which was referred to as "mourning clothes removal ceremony." The masquerade dancing group of Umuokpara Ejimadu people was invited to Umunoha to participate in the ceremony. The group arrived there at about 2.00 p.m. and took part in dancing. At about 4.00 p.m., the deceased, Sylvanus Agbarakwe, who was a very good singer, came from Aba and joined the masquerade group and took over the singing. After the performance by the masquerade group, they bade farewell to the head of the masquerade of Umunoha town.

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