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EMMANUEL AUDU v. THE STATE

(2002) JELR 14910 (CA)

Court of Appeal  •  CA/J/124C/2001  •  11 Dec 2002  •  Nigeria

Coram
OLUDADE OLADAPO OBADINA JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

OGBUAGU, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Benue State holden at Gboko presided over by I. Nwande, J. on 7th June, 1994 convicting the appellant of the murder of one Joseph Ogbada and sentencing him to a detention in prison custody pursuant to the provisions of section 270 and 272(1) of the Criminal Procedure Code (CPC).

Dissatisfied with the conviction and sentence, he has appealed to this court. The facts of the case on the prosecution's side, as appear from the record of proceedings, are that on 9th September, 1991, the deceased - Joseph Ogbada, in company of one Mathias Enemeri - PW4 who also answers Sunday Enemeri and who was riding a bicycle, were going to Ukwo Market in Otukpa. On their way, they saw several masquerades displaying at the said market.

One of the masquerades beat or attacked PW4 with a cane and he came down from his bicycle and retaliated with his hand. A fight ensued between the PW4 and the said m…

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