(2000) JELR 50913 (SC)    

Supreme Court  ·  SC.72/1999 . ·  7 Jul 2000 ·  Nigeria
Other Citations
State v. Ajie (2000) 11 NWLR (Pt. 678) 434
Core Terms Beta
onyebuchi okoro
trial court
miscarriage of justice
appellate court
instant case
cause of death
learned trial judge
court of appeal
general rule
learned counsel
material witness
medical evidence
sufficient evidence of the facts
6th p.w
above statement
act of the appellant
appellant’s appeal
assertions of the prosecution witnesses
chief frank ebba
conclusion of the prosecution
consider issue no. a
course of their investigation
criminal code
decision of the court
defence of the appellant
dispassionate appraisal of the case
exhibit e
failure of the learned trial judge
high court
inter alia
lead judgment
only point of dispute
p.549 f-g.
page 657g
respondent’s issues
service of a state
trial court’s decision
unique opportunity
use of the contents of exhibit
version of the appellant
voluntary act of the accused person
witness box

ONU, JSC: (Delivering the Lead Judgment) On 4th May 2000, 1 summarily dismissed this appeal and reserved the reasons for my decision for today. We did not feel obliged to call on the learned Counsel for the Respondent to reply. I herein proffer my reasons briefly as follows:-

At the conclusion of the prosecution’scase before the trial High Court against the Respondent for murder punishable under Section 319(1) of the Criminal Code, that Court (per Olukole, J.) sitting at Omoku returned a verdict of guilt against the Respondent and accordingly sentenced him to death by hanging on 18th October, 1991. The Court of Appeal, holden at Port-Harcourt (Coram: Katsina-Alu, Uwaifo, J,CA as they then were and Nsofor, J.C.A) to which the Appellant’s appeal lay, after a dispassionate appraisal of the case reversed the trial Court’s decision by holding, inter alia , as follows:- “It will be seen plainly that the cause of death is consistent with the version of the Appellant. His case was that he …

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