MR. EMMANUEL NNAMDI NNAKWE V. THE STATE

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The case in this appeal is on all fours with the sister case in Appeal No.SC.254/2007 as it is predicated on the same set of facts, proceedings are in the same trial and resulting the ruling from whence the interlocutory appeal emanates.

With the same set of issues formulated, the outcome of one judgment also binds the other.

It is pertinent to state that all the counts 1, 2, 3 and 4 in the charge are deemed offences committed in the course of the same transaction (that is to assassinate P.W.1, Dr. (Mrs.) Dora Akunyili, the Director General of (NAFDAC). Counts 3 and 4 therefore automatically become offences committed in the FCT as soon as the appellant entered the FCT. This is because they ore continuing manifestation of the acts in counts 1 and 2 which took place in Federal Capital Territory Abuja.

On a community reading of section 4(2)(b) of the Penal Code Act read along with section 134(a) (b) (c) and (d) of the Crimina…