OJODOMO EKOMO ALFRED V. THE STATE

JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kogi State High Court presided over by Hon. Justice A.N. Awulu delivered on 7th November, 2018 in Suit No: AHC/9C/2017.

The judgment is predicated upon a single Court charge of attempted culpable homicide punishable under Section 229 of the Penal Code. In a nutshell, the respondent’s case is that on 30th June, 2017, the appellant armed himself with a gun and a machete and hid himself in a bush along Awo– Akukunda – Awo–Akpolokuta road, Ankpa Local Government within the Kogi State judicial division, and while there, at about 7:30pm, attacked, shot and macheted one Olobo Jubrin, which attack resulted in the amputation of the four fingers of the left hand of the said Olobo Jubrin. The respondent’s case is that the attack was with the clear intention of the Appellant to cause the death of Olobo Jubrin.

The Appellant pleaded not guilty. The Respondent was as it were saddled with the resp…