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ALLI DOGO V. THE STATE

(2013) JELR 53063 (SC)

Supreme Court  •  SC.432/2011  •  8 Mar 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC NWALI SYLVESTER NGWUTA JSC (Read the Lead Judgment) OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC

Judgement

NGWUTA JSC (Delivering the Lead Judgment): Before the Ibadan Judicial Division of the High Court of Justice of Oyo State the appellant was charged with murder contrary to, and punishable under section 319 of the Criminal Code, Cap. 30, Vol. II, Laws of Oyo State of Nigeria, 2000. The particulars of the offence read thus: “Alli Dogo ‘M’on or about 8 May 2003 at Adeojo Estate, old Ife road, Ibadan in the Ibadan Judicial Division, unlawfully killed one Engineer Isiaka Lawal.” The prosecution opened its case on 20 July 2005, called two witnesses and rested. The defence opened its case on 13 February 2006, called the accused (now appellant) as DW1 and closed its case. Learned counsel for the parties addressed the court. In its judgment delivered on 22 June 2006, the trial court reviewed all the relevant materials before it and concluded thus: “In the circumstances, from the totality of the evidence before me, I am satisfied that the accused person shot Engineer Isiaka Abiodun Lawal at th…

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