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ALLI DOGO V. THE STATE

(2013) JELR 36114 (SC)

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

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

HON. JUSTICE NWALI SYLVESTER NGWUTA, J.S.C (Delivering the Leading 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, S.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 the 8th day of 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 20th July 2005, called two witnesses and rested. The defence opened its case on 13th 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 22nd June 2005 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 pers…

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