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JOHN IDAGU V. .THE STATE

(2018) JELR 39293 (SC)

Supreme Court  •  SC.678/2015  •  13 Apr 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Appearances
Adekunle Ojo Esq.with him, Emeka Diribe Esq. For Appellant F. Omotosho Esq, with him T. Adedipe Esq. For Respondent

Judgement
<p>AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): The Appellant was tried and convicted by the High Court of Ondo State, for the murder of two persons - Stephen Ogbeche [first deceased] and his son, John Ogbeche, [second deceased]. He was sentenced to death.</p><p>The Prosecution called five Witnesses and tendered four Exhibits, including the Appellants Statement to the Police, which he had objected to on the ground of involuntariness. The trial Court conducted a trial-within-trial and found that the Statement was indeed made voluntarily, and the Statement was thereafter admitted in evidence as Exhibit P2.</p><p>In his defence, the Appellant denied the Charge and gave his own version of what transpired on that day, which amounted to self defence. He testified that he accompanied &quot;Julius Ogbeche&quot; to obtain a loan of N4, 000.00 from Stephen Ogbeche (first deceased), which he gave him, on condition that Julius pays back N8, 000.00 at the end of November.</p><p>When the loan became due, the first dece…</p>

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