JOHN AGBO V. THE STATE
(2006) JELR 35923 (SC)
Supreme Court
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SC.198/2004
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27 Jan 2006
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Nigeria
Coram
SALIHU MODIBBO ALFA BELGORE JSC;
AKINTOLA OLUFEMI EJIWUNMI JSC;
IGNATUS PAT-ACHOLONU JSC;
ALOMA MARIAM MUKHTAR JSC;
IKECHI FRANCIS OGBUAGU JSC;
Appearances
Miannaya A. Essien (Mrs) For Appellant
Chief S.U. AkumaA.G., Abia StateN.U. Wachukwu, Esq. [D.P.P.]V.O. Chukwu, Esq [State Counsel], Ministry of Justice, Abia State For Respondent
Judgement
<p><strong>OGBUAGU, JSC (Delivering the Leading Judgment):</strong> This is an appeal from the decision of the Court of Appeal Port-Harcourt Division, delivered on 25th February, 2004, dismissing the appellant's appeal to it, from the decision of the High Court, Ohafia Judicial Division presided over by Ekumankama, J.</p><p> Dissatisfied by the said decision of the Court of Appeal (hereinafter called "the court below"), the appellant has further appealed to this court on four (4) grounds of appeal. Without their particulars, they read as follows:</p><p> "1. The learned Justices of the Court of Appeal erred in law when they held that the defence of accidental discharge was not available to the appellant.</p><p> 2. The learned Justices of the Court of Appeal erred in law when they failed to hold that there were material inconsistencies in the evidence. </p><p> 3. The learned Justices of the Court of Appeal erred in law when they failed to determine and pronounce upon the third issue for determination in the appellant's brief thereby …</p>