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RAPHAEL OKECHUKWU ARICHE V. THE STATE

(1993) JELR 33785 (SC)

Supreme Court  •  SC.213/1991  •  23 Jul 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; IDRIS LEGBO KUTIGI JSC;

Judgement

BELGORE, J.S.C. (Delivering the Leading Judgment): On the 3rd day of August 1985, the appellant picked Apolonia Onyeanwu in his car of Peugeot 504 Saloon make, registration number LA 5730 MG and they were heading for Lagos via Onitsha - Asaba - Umunede - Benin road. The starting point was Onweku village Ogbaku Owerri in Imo State, and they certainly left for Lagos after 9a.m. according to the evidence of the appellant in the witness box at trial court. The lady (i.e. Miss Apolonia Onyeanwu - hereinafter referred to as "the deceased"), requested after 9 a.m. to be taken back home to pick something she forgot. They then called at the Fuel Filling Facility to take petrol. They passed through Onitsha to Asaba where they stopped for the deceased to eat. They proceeded to Umunede where the deceased bought some yams her mother gave her money to purchase. Already in the car from the starting point were a bag of gari, some pears, sum of N3,000.00 in the glove compartment, cobs of corn and a je…

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