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DIALA AMAKO v. THE STATE

(1995) JELR 43460 (SC)

Supreme Court  •  SC.184/1993  •  6 Jun 1995  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

ADIO JSC (Delivering the Leading Judgment): The charge preferred against the appellant was murder contrary to section 319 of the Criminal Code, Cap. 30 of the Laws of Eastern Nigeria. 1963 applicable in Imo State. The allegation was that he, the appellant, on the 11th day of October, 1980, at Umuohuru Ife Mbaise in the Owerri Judicial Division of the High Court of Justice of the Imo State of Nigeria, murdered Celina Amako (f).

In the morning of the 11th day of October, 1980, at Amako compound, the appellant, who was a member of Amako compound, was seen by the PW4 within the compound. The PW4, who was an uncle of the appellant, heard the appellant when he (appellant) was bitterly complaining that one Catherine Amako and one Alerick Amako had harvested his cassava from his farm. The appellant threatened that if the two named persons did not pay him the equivalent in money of what the cassava was worth, heads would roll on that day.

Soon after the alleged threat made by the appellant, he…

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