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ABEL ASOGWA v. THE STATE

(1973) JELR 91531 (SC)

Supreme Court  •  SC.64/1972  •  13 Apr 1973  •  Nigeria

Coram
GEORGE B. A. COKER..... Justice, Supreme Court. GEORGE SODEINDE SOWEMIMO..... Justice, Supreme Court. AYO GABRIEL IRIKEFE..... Justice, Supreme Court

Judgement

G. S. SOWEMIMO, J.S.C (Delivering the Lead Judgment):

In charge No. E/26C/71, the appellant, then accused, was tried on a charge of unlawfully killing of one Michael Ugwudoha (hereinafter referred to as the deceased) at Edem, Nsukka, on the 10th day of January, 1971. The trial was held at the Enugu High Court and the appellant was convicted and sentenced to death by Balonwu, CJ., on 25th February, 1972. The appellant appealed to this court against the conviction. The appeal was heard on 28th of September, 1972 and dismissed. We now give our reasons for dismissing the appeal.

The fact of the killing of the deceased by the appellant is not in dispute. After a review of the evidence, the learned Chief Justice in his judgment held as follows:-

"Having assessed all the evidence given by both sides, I have come to the following findings of fact: (1) That when Fabian began to share out the chicken, the accused suggested that it would not be fair to give any shares to those absent, before givin…

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