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THE STATE
V.
AJIE

(2000) JELR 44060 (SC)

Supreme Court 7 Jul 2000 Nigeria
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- The respondent was convicted of murder by the trial High Court (Omoku), which found him guilty under section 319(1) of the Criminal Code and sentenced him to death by hanging. - On appeal, the Court of Appeal (Port Harcourt Division) se

Case Details

Suit Number:SC.71/1999
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU 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 EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Okiemute Mudiaga Odje, Esq. For Appellant Nwobidike Nwanodi, Esq. For Respondent
Other Citations:State v. Ajie (2000) 11 NWLR (Pt.678)434 (2000) 7 S.C (Pt I) 1 (2000) 8 W.R.N 1 S.C

ONU, J.S.C. (Delivering the Leading Judgment): On 4th May, 2000, I summarily dismissed this appeal and reserved the reasons for my decision therefore to 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's case 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 guilty 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, JCA as they were and Nsofor, JCA) 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 tha…

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