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ADEBIYI FAMAKINWA v. THE STATE

(2016) JELR 37107 (SC)

Supreme Court  •  SC.104/2013  •  18 Mar 2016  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; SULIEMAN GALADIMA JSC; OLABODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

MAHMUD MOHAMMED, JSC (Delivering the Leading Judgment): This appeal is against the Judgment of the Court of Appeal Akure Division delivered on 31st October, 2012, wherein that Court allowed the appeal of the present Appellant against his conviction and sentence of death for murder under Section 319(1) of the Criminal Code CAP 30 Vol. II of the Laws of Ondo State of Nigeria 1978, by the trial Ondo State High Court of Justice sitting at Okitipupa in its judgment delivered on 11th May, 2006. In the Judgment of the Court of Appeal, the Court in allowing the Appellant's appeal substituted the conviction for murder with that of manslaughter and sentenced the Appellant to 15 years imprisonment. The Appellant is now on a further appeal to this Court against his conviction and sentence for the offence of manslaughter.

In the course of the trial at the trial Court, the prosecution called 7 witnesses and tendered in 3 Exhibits while the Appellant who was being tried in his own defence gave eviden…

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