Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



POPOOLA
V.
STATE

(2018) JELR 46277 (SC)    

Supreme Court  ·  SC.482/2013 ·  23 Feb 2018 ·  Nigeria
 · 
Other Citations
Popoola v. State (2018) 10 NWLR (Pt. 1628) 485
Okon v. State (2018) 12 NWLR (Pt. 1634) 558
CORAM
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
conviction of the appellant
decision of the court of appeal
credible evidence
testimonies of pw1
learned trial judge
accused person
murder of the deceased
sentence of death
ibadan high court
course of trial
close of evidence
statements of the appellant
own version of the events
f-f4
judgment of the trial court
evidence act
iron rod
criminal code law cap
laws of oyo state
deceased son
said interpreter
settled fact
cause of death of the deceased
ibadan judicial division
leading judgment
extra judicial statement
ibadan division of the court of appeal
tendering of exhibits c
criminal code
pw2 eyewitnesses
trial court
pw6
trial judge
eyewitness testimony of pw1
exhibits f3-f4
accused hit
act of the deceased
house of solomon adeyemi
defence of accident
demeanour of pw1
death of the deceased
bashiru popoola
lead researcher dr. tim bowker
close of the case of the prosecution
reasonable doubt
failure of the prosecution
aid of an interpreter
count charge of murder
british heart foundation

OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): This is an appeal from a decision of the Court of Appeal, Ibadan Judicial Division upholding the conviction of the appellant by an Ibadan High Court for an offence against Section 319 of the Criminal Code.

For the sake of clarity, the section under which the appellant was charged and convicted may be set out as follows:-

"That you Bashiru Popoola on or about 8 April, 2007 at Alakia Area, Egbeda lbadan murdered Solomon Adeyemi and thereby committed a Criminal Offence punishable under Section 319 of the Criminal Code Law Cap 38, Laws of Oyo State, 2000."

On 21 May, 2008, the appellant pleaded not guilty to a one count charge of murder contrary to Section 319 of the Criminal Code. Ishola J. Presided.

In the course of trial, the prosecution called six witnesses. The appellant testified in his defence. He did not call any witness. A total of sixteen documents were tendered and admitted as exhibits, marked: Exhibits A, B, C, D, E, F-…

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