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EMMANUEL BEN v. THE STATE

(2004) JELR 45095 (CA)

Court of Appeal  •  CA/PH/245/2001  •  11 Nov 2004  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOHN AFOLABI FABIYI JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

OMAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court Umuahia, delivered on 6th June, 1989, Coram Maranzu, J. of Abia State of Nigeria. In a charge of murder against the accused person Emmanuel Ben; the learned trial court rejected his plea and convicted the accused person and sentenced him to death. The accused convict was dissatisfied with the judgment of the said court and has appealed to this court.

The appellant filed five additional grounds of appeal and formulated four issues for determination of the appeal. The issues are:

(1) Whether the absence of medical evidence as to the cause of death in the case was fatal to the prosecution case?

(2) Whether it was safe for the learned trial Judge to convict the appellant based solely on the evidence of witnesses who were related to the deceased?

(3) Whether there was sufficient evidence to sustain the defence of provocation and/or in the alternative defence of self-defence?

(4) Whet…

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