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SUNDAY ASUMOGHA v. THE STATE

(2015) JELR 36722 (CA)

Court of Appeal  •  CA/L/92/2011  •  20 Mar 2015  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; EUGENIA CHINWE IYIZOBA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering The Leading Judgment): The appeal arose from the decision of the High Court of Justice of Lagos State (the court below) whereby it convicted and sentenced the appellant to death for the murder of a Mr. Ikechukwu Idoko contrary to section 319 of the Criminal Code Cap 17 (volume 2) Laws of Lagos State, 2003 (CAP 17 of 2003).

In a nutshell, the deceased had been an apprentice trader under the appellant, his master. He had lived with the appellant in the same premises at No. 14, Oduloju Street, Cele Alaba International, Lagos. The deceased was to serve the appellant for six years. He completed the six years of apprenticeship. The deceased was to be released from the apprenticeship in 2006. The appellant refused to release him. The deceased continued the apprenticeship.

Police investigation through some eye witnesses who were not called to testify indicated that the appellant had a quarrel with the deceased for returning late in the night to the h…

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