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(2021) JELR 109529 (CA)

Court of Appeal  •  CA/L/CR/1060/19  •  5 Mar 2021  •  Nigeria

Chidi Nwaoma Uwa, JCA Tunde Oyebanji Awotoye, JCA Bitrus Gyarazama Sanga, JCA


CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The Lagos State High Court (hereafter referred to as the lower Court), in its judgment delivered on 7th May 2019, presided over by R.I.B. Adebiyi, J. convicted and sentenced the appellant to death on one count charge of murder of one Stella Olah on the 22nd day of June, 2013 contrary to Section 221 of the Criminal Law of Lagos State, 2011. It was contended by the Appellant that the trial Court from the totality of evidence elicited was wrong in law to have convicted and sentenced her for the offence contained in the one (1) count charge.

​The background facts are that the Appellant and the deceased were co-tenants at No. 56, Ojora Street, Ajegunle, Lagos. On the 22nd day of June, 2013, the Deceased sister in-law (PW2) visited the deceased and her Husband. The Husband of the deceased Godwin Olah (PW1) took the bench said to belong to one Esther Egede, a co-tenant. While the deceased, PW1, her husband, children and PW2 were sitt…

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