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FRANCIS DURWODE V. THE STATE

(2000) JELR 44001 (SC)

Supreme Court  •  SC.22/2000  •  8 Dec 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

MOHAMMED, JSC (Delivering the Leading Judgment): The appellant was convicted and sentenced for the offence of murder punishable under section 319(1) of the Criminal Code by Odita J. of Warri High Court.

Bomboy Ovie was a child, seven years old. On 18th September, 1985, his mother, Wini Ovie was to travel out of their village. Before she left, she directed her children, including Bomboy Ovie, to go to her father's house and stay there until she returned. She returned later in the day and saw the children; but Bomboy Ovie was not among them. Wini Ovie began to search for the child. She met the appellant coming out of the bush holding a jerry can and a cutlass, and she observed that he was sweating profusely. She asked the appellant if he had seen Bomboy. He asked back, "Is your child missing" The appellant said further, "If it is true that your child is missing, we will look for him". Later Wini Ovie reported the matter to her sister, Amroghe Mrovhoghare. The sister remembered that she…

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