(1976) JELR 44455 (SC)    

Supreme Court  ·  SC.38/1975 ·  10 Jun 1976 ·  Nigeria
Other Citations
(1973) All N.L.R 631 Umeze v. State (1976) 6 S.C. 29
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
back of the head
cause of death
ikpa nya village
blood stains
ecoma j
frontal area
internal haemorrhage
left chest
matchet cuts
obinkita village
various swellings
accused persons
alleged murder
appeal fails
arochukwu police station
cause fo death
chief f. r. a. williams
civil war
consideration of this point
cross river state
deep incised wound
due regard
evaluation of the evidence
evidence of the doctor
evidence of the material prosecution witnesses
general hospital
g. s. sowemimo
high court
house of 3rd prosecution witness
house of the head chief
leading judgment
learned counsel
medical report
medical report ex
refugee camp
relevant portion of his evidence
resuscitative measures
south eastern state
venue of trial
whole evidence

G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): The Appellants were convicted for murder and sentenced to death by Ecoma J on 22nd of January 1975 at the South Eastern State (now Cross River State) High Court at Ikot Ekpene. The offence was committed on 6th January 1971 at Ikpa Nya Village, in Itu Division of Ikot Ekpene.

The deceased was an Ibibio. All the Appellants are Ibos. The Appellants live at Obinkita Village which is near Arochukwu. There had been conflicts between the two villages, Ikpa Nya and Obinkita for some time which were settled in Lagos. During the civil war, the Ibibios were evacuated from their villages and although not expressly stated, the Ibibios suspected that their rivals, the Ibos in Obinkita village must be connected with their removal. It was even suggested but the Ibibios denied it, that whilst in the refugee camp, they decided that on their return to their village they would drive away all the Ibo tenants from their land. This was the relationshi…

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