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JOSEPH ADEBAYO V. THE REPUBLIC

(1967) JELR 58604 (SC)

Supreme Court  •  SC 237/1967.  •  17 Nov 1967  •  Nigeria

Coram
BRETT, J.S.C. LEWIS, J.S.C. MADARIKAN, J.S.C.

Judgement

MADARIKAN, J.S.C. (Delivering the Judgment of the court):

The appellant was convicted of murdering Ishola Asu Mba at the Bar Beach, Victoria Island, Lagos, on the 2nd day of February, 1967. It is not in dispute that the appellant inflicted four stab wounds on the neck of the deceased, and that the deceased fell and died on the spot. 1st Prosecution Witness, a Senior Pathologist, who performed post mortem examination on the corpse of the deceased testified that the cause of death was internal haemorrhage resulting from the stab wounds.

The case for the prosecution was that on the 2nd day of February, 1967, the deceased, 3rd Prosecution Witness and a Police Constable in mufti were walking along the Bar Beach when the deceased saw the appellant sitting on a mat in a shed belonging to the deceased. The deceased asked the appellant to pay 2/- for the use of the shed or quit. Thereupon, the appellant packed his belongings and chased 3rd Prosecution Witness with a knife. On failing to overtakā€¦

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