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AMADIN IDAHOSA v. THE STATE

(2017) JELR 37409 (CA)

Court of Appeal  •  CA/B/130C/2016  •  14 Nov 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Edo State, Benin Judicial Division, in Charge No. B/CD/24C/2014 THE STATE V. AMADIN IDAHOSA delivered on the 25th day of January, 2016. The Appellant was found guilty of the offence of manslaughter under Section 325 of the Criminal Code and sentenced to Life Imprisonment.

Briefly, the facts of the case was that, on the 27th day of May, 2013 at about 10.20pm, the police stop and search team at a nipping point along Siluko Road by Obayuwana Junction, one Inspector Sunday and his team intercepted the deceased and another on an unregistered motorcycle. The deceased who was at the back of the rider was shot by the Appellant, Police Constable Amadin Idahosa, on the allegation that he (the deceased) was removing a gun from his bag to attack one C.P.L. Ube also at the nipping point. The deceased was killed immediately and after the report of the incident, Police Const…

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