(2001) JELR 44279 (SC)    

Supreme Court  ·  SC.43/1999 ·  19 Jan 2001 ·  Nigeria
Other Citations
State v. Ogbubunjo (2001) 2 NWLR (Pt.698)576 (2001) 1 S.C (Pt.1) 90
State v. Ogbubunjo (2001) 2 NWLR (Pt. 698) 576
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
circumstantial evidence
learned trial judge
accused persons
trial court
1st accused
celestina amucha
grounds of appeal
high court
evidence of pw6
female voice
harrison amucha
learned justices of the court
offence of murder
1st respondent
accused person
leading judgment
see queen v
2nd accused
4th respondents
accused persons kill
alleged murder of the deceased
arguments of their counsel
bendel state
critical appraisal of the evidence of pw1
decision of the court of appeal
direct evidence
end of the trial
evidence of mere suspicion
extra judicial statements of the prosecution
following morning
following question
imo state
instance of the attorney-general of imo state
iota of evidence
laws of eastern nigeria
mbano police station
own evidence
paragraph g
particulars of the offence
said alarm
said error
serious error
totality of the evidence

ONU, J.S.C. (Delivering the Leading Judgment): On 26th October. 2000 we heard this appeal which emanates from the decision of the Court of Appeal, Port Harcourt Division (hereinafter referred to as the court below). We peremptorily and unanimously dismissed it, having earlier carefully read the briefs of both parties and listened to the arguments of their counsel. I thereafter indicated that I would give my reasons today for so doing. Before proceeding to do so, however, I wish to pause here and pry into the case's historical journey briefly as follows:

Criminal proceedings in this case were initiated by an information filed at the instance of the Attorney-General of Imo State in the Mbano/Etiti Judicial Division holden at Etiti and before Pats-Acholonu, J. as he then was. The proceedings were against six accused persons including the respondents herein, namely, John Ogbubunjo and Njoku Amaechi for the offence of murder contrary to section 319 of the Criminal Code, Cap. 30, vol. 11, …

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