judy.legal
Login Register

FRIDAY NJOKU v. THE STATE

(1972) JELR 41110 (SC)

Supreme Court  •  SC.156/1971  •  11 Feb 1972  •  Nigeria

Coram
ADETOKUNBO ADEMOLA JSC; GEORGE B.A. COKER JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

A. ADEMOLA, C.J.N. (Delivering the Leading Judgment): We dismissed this appeal on the 12th January, 1972, at Ibadan. We now give our reasons for doing so.

The appellant was tried in the High Court at Ondo by Piper, J., on a charge of murder contrary to Section 257 (1) of the Criminal Code, laws of Western Nigeria. He was found guilty and sentenced to death. From that verdict he appealed to the Western State Court of Appeal which dismissed his appeal. He then appealed to this court.

The facts of the case against the appellant as put by the prosecution and believed by the Judge are briefly as follows:- The appellant on the afternoon of the 11th day of September, 1969, was seen by one Adesanmi Akinmade (3rd witness for prosecution) holding a gun. One Godwin was walking along at this time and the appellant aimed at him with the gun. He pulled the trigger but the gun did not fire. The top of the gun came off. The 3rd witness for prosecution rushed at him, held him and took the gun from him…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login