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CHIEF EMMANUEL EBRI V. THE STATE

(2004) JELR 33730 (SC)

Supreme Court  •  SC.33/2003  •  21 May 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC NIKI TOBI JSC

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): The appellant and two other persons were charged with murder of Egoma Oden Obla. The case of the prosecution could be briefly stated. On 29th January, 2000 the appellant and two other persons abducted the deceased who has not been seen since then. The appellant and the two other persons beat up the deceased. They were all armed with guns. The deceased had a machete. The appellant and the two other persons struggled with the deceased to take the machete from him, they dragged him. The deceased shouted that Ekori people should not allow Mkpani people to kill him. And so the deceased was last seen in armed hostile crowd of Mkpani people.

Eight witnesses gave evidence for the prosecution. The appellant denied the charge. He raised alibi both in his statement to the Police and in oral evidence in court. The learned trial Judge found the appellant and the two others guilty of murder and sentenced them to death. On appeal, the Court of Appeal …

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