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BASIL AKPA V. THE STATE

(2008) JELR 48886 (SC)

Supreme Court  •  SC.293/2006  •  18 Apr 2008  •  Nigeria

Coram
NIKI TOBI JSC GEORGE ADESOLA OGUNTADE JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): The case of the prosecution is that the deceased, Ikechukwu Njoku, visited the appellant at Jibia and never returned. He was murdered by the appellant. At the scene of crime, police recovered a human body without legs, arms and neck. In the inner room of the appellant's shop, police found the floor of the room and a mattress soaked with blood. They also found blood stain by the hole of the pit latrine attached to the inner room. When the pit latrine was dug open they saw two human legs. Appellant was arrested for murdering Ikechukwu Njoku on or about 3rd of December, 1989.

The learned trial Judge found the appellant guilty of culpable homicide punishable with death and sentenced him to death. His appeal to the Court of Appeal was dismissed. He has come to this Court. Briefs were filed and duly exchanged. The appellant formulated a single issue for determination:

"Whether the guilt of the Appellant was proved and established beyond reaso…

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