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SATURDAY NDIKE v. THE STATE

(1994) JELR 43371 (SC)

Supreme Court  •  SC.209/1992  •  9 Sep 1994  •  Nigeria

Coram
MOHAMMED BELLO JSC; MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; EMANUEL OBIOMA OGWUEGBU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant, Saturday Ndike was tried, convicted and sentenced to death by Ungbuku, J. as he then was in the High Court of River State, Port Harcourt Judicial Division. He was charged with the murder of one Aminikpo Dodoo on 1:8:81.

The facts of the case were that on 1:8:81, the deceased invited friends and relations to join him celebrate the roofing of his house with corrugated iron sheets.

While the party was going on, the appellant arrived at about 8 p.m. uninvited. The deceased turned him out. As a result, a fight ensued between two of them. They were separated by P.W.1 and P.W.3 among others. The appellant thereafter left the premises of the deceased promising to show him something that day.

At about 9 p.m the same night, the deceased was heard shouting in Tai-Eleme dialect to the effect that the appellant had killed him. P.W.1 rushed to the scene and saw Aminikpo Dodoo lying dead at the scene. He held the deceased who was hi…

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