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MALLAM ZAKARI AHMED V. THE STATE

(1999) JELR 47167 (SC)

Supreme Court  •  SC.77/1998  •  21 May 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC MICHAEL EKUNDAYO OGUNDARE JSC UTHMAN MOHAMMED JSC OKAY ACHIKE JSC UMARU ATU KALGO JSC

Judgement

U. MOHAMMED, J.S.C (Delivering the Leading Judgment): Mallam Zakari Ahmed was convicted by the High Court of Anambra State, sitting at Awka, of the offence of murder, contrary to section 274 (1) of the Criminal Code. Cap 36, Vol. 1. Laws of Anambra State of Nigeria, 1986.

The facts of the case as given by the prosecution are in the following narrative: The appellant came to the house of the deceased at night and went straight to the door of the room where one Igala woman, Sarah Abba, was living. He knocked at the door several times. Sarah Abba, who was also called Mama Friday in the locality, refused to open the door. She told him to go away because she had already gone to bed. But the appellant continued to knock at the door. A girl called Baby, who was staying in another room in the compound also told the appellant to go away.

The deceased, Mr. Osuagwu Obudike, who was Sarah Abba's landlord, came out of his room and told the appellant to go away. The appellant refused and brought ou…

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