THE STATE (1997)

(1997) JELR 45455 (SC)    

Supreme Court  ·  SC.130/1994 ·  7 Mar 1997 ·  Nigeria
Other Citations
Peter v. State (1997) 3 NWLR (Pt.496) 625
Peter v. State (1997) 3 NWLR (Pt. 496) 625
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE 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 ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
reasonable doubt
court of appeal
learned trial judge
ebukwu bush
gun shot
trial court
learned judge
accused person
brother ogundare
criminal trial
leading judgment
medical evidence
criminal code
dying declaration
such evidence
unfair advantage
11th day of august
alleged contradiction
appellant next deals
approach of the trial judge
calm view of the evidence
close examination of the said contradictions
close range
deceased solomon nwokocha
defence counsel
enunciation of the law
evidence of the medical doctor
following issues
head of our section of our family
high court higher registrar
high court of rivers state of nigeria
learned justices of the court of appeal
learned trial judge okara j.
m. e. ogundare
obagi obigbo bush
own defence
police officer
p.w.2 rueben
p.w.3 edwin james ile
reserved judgment
said bush
saw-chain operator
see chadwick

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): The appellant was arraigned before High Court of Rivers State of Nigeria in the Ahoada Judicial Division on a charge of murder contrary to section 319 of the Criminal Code in that he, on the 11th day of August, 1978 at Obagi Obigbo Bush in Omoku District, murdered one Solomon Nwokocha. He pleaded not guilty to the charge.Seven(7) witnesses testified for the prosecution. After a 'no-case' submission by learned defence counsel, Miss Oputa, had been overruled, the appellant gave evidence in his own defence and called a witness, Wellington Mba, the High Court Higher Registrar to tender the depositions taken at the preliminary investigation in the Magistrate's court, and closed his case. Learned counsel for both the defence and the prosecution addressed the court in that order and in a reserved judgment, the learned trial Judge Okara J. found the appellant guilty as charged and, convicted him of murder and sentenced him to death.


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