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Musa Ateji v. The State

(1976) JELR 33992 (SC)

Supreme Court  •  SC.74/75  •  27 Feb 1976  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; GEORGE SODEINDE SOWEMIMO JSC; MAMMAN NASIR JSC;

Judgement

M. NASIR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of Adesiyun J., sitting at the High Court of Lokoja convicting the appellant of the offence of culpable homicide punishable with death contrary to section 221(b) of the Penal Code of Kwara State of Nigeria. There was only one ground of appeal filed by the appellant himself. It was that the decision was unwarranted and unreasonable and could not be supported having regard to the evidence. When the appeal came up for hearing, the learned counsel for the appeallant stated that he had nothing useful to urge in favour of the appellant. We however wanted to hear arguments of counsel on both sides on a number of issues. The arguments of learned counsel have been taken into consideration in this judgment.

The facts were as follows: The appellant requested Agnes John to deliver one bottle of kerosene to him. She did. A little time later, the appellant called her again in order to pay her the 10k for the bot…

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