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MONDAY IMO & ORS. V. THE STATE

(2000) JELR 44203 (CA)

Court of Appeal  •  CA/PH/182/93  •  11 Apr 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants were convicted of the murder of Sampson Etim (hereinafter called the deceased) by Umuahia High Court and sentenced to death contrary to section 319(1) of the Criminal code on the 30th of November, 1990. The case for the prosecution was that, on the 22nd of April, 1988 the deceased, his wife, Alice Sampson (PW2) and two of his friends, Friday Ben (PW3) and James Okoro (PW4) went with the deceased to harvest cassava from his farm. While they were doing the harvesting, the deceased decided to visit the portion of his cassava plantation which was harvested by thieves from Ndiwo village. As he was going there, he was halted by about 20 people who challenged him as to what he was doing on the farm. There was an altercation between the deceased and the people. One of the people shouted, "Shoot him! Shoot him!" The deceased was shot and he died on the spot. The matter was reported to the police and after investigation, the accuse…

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