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THEOPHILUS
V.
THE STATE

(1996) JELR 45948 (SC)

Supreme Court 9 Jan 1996 Nigeria
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- The appellant, Samuel Theophilus, was charged with the murder of Hassan Ali. - The appellant and his friend went to a beer parlour where a quarrel broke out between three individuals and the deceased over money owed. - The appellant and t

Case Details

Suit Number:SC.162/1994
Judges:MUHAMMADU LAWAL UWAIS 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
Counsel:Adamu Waziri, Esq. For Appellant Mrs. O. M. Ayeni, Hon. Attorney-General, Lagos State (with her,Miss C.E. Uweja, Assistant Director of Public Prosecution, Ministry of Justice. State) For Respondent
Other Citations:Theophilus v. State (1996) 1 NWLR (Pt.423) 139

ONU, JSC (Delivering the Leading Judgment): The appellant, Samuel Theophilus, formerly a police driver attached to the Force Headquarters, the Nigeria Police, Lagos was arraigned before A.O. Silva, J. sitting at the High Court of Lagos State holden at the Lagos Judicial Division on a one-count information for the murder of one Hassan Ali on the 13th day of December, 1983 contrary to Section 319(1) of the Criminal Code, Cap. 31, Laws of Lagos State, 1973.

The facts of the case which appear not to be in dispute are that on 13th December, 1983 the appellant who was a Sergeant in the Nigeria Police Force and employed as a driver attached to the Force Headquarters, Nigeria Police Force, Moloney, Lagos went to Ajeniya Street, Obalende, Lagos in company of his friend, one Sergeant Isa Makurdi to drink beer at a beer parlour. As the appellant and his friend sat down and were drinking, three persons came and went to where Hassan Ali, the deceased was sitting and engaged in a quarrel with him o…

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