STEPHEN EMOGA V. THE STATE
(1997) JELR 45459 (SC)
Supreme Court
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SC.137/1996
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18 Jul 1997
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Nigeria
Coram
MICHAEL EKUNDAYO OGUNDARE JSC;
EMMANUEL OBIOMA OGWUEGBU JSC;
UTHMAN MOHAMMED JSC;
SYLVESTER UMARU ONU JSC;
ANTHONY IKECHUKWU IGUH JSC;
Appearances
E.C. Ukala For Appellant
N.N. Osuhor, Assistant Legal Officer, Ministry of Justice, Delta State For Respondent
Judgement
<p>U. MOHAMMED, J.S.C. (Delivering the leading judgment): The appellant was convicted at the High Court of Bendel State, sitting at Oleh by Akpiroroh J. for the offence of murder and sentenced to death by hanging. He was found to have caused the death of one Godwin Ikor, at Ozoro, in Oleh Judicial Division in what is now Delta State.</p><p> The prosecution's case was given mainly through the testimony of the only eye witness to the incident, one Richard Ashakobe, who gave evidence as P.W.3. He told the trial court that on the fateful day when the incident happened, he went out together with the deceased to prostitutes' houses at Iyosa Street, Ozoro. When they reached there they met the appellant in front of the houses of the prostitutes. </p><p> The witness testified further and said:</p><p> "As soon as he saw the deceased, he threw away a glass of drink that he was holding and held the deceased by his hand and fight ensued between them. I separated the fight with some people. I took the deceased and started…</p>