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Pius Nwaoga v. The State

(1972) JELR 37162 (SC)

Supreme Court  •  SC.345/70  •  3 Mar 1972  •  Nigeria

Coram
ADEMOLA ADETOKUNBO JSC; IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE BAPTIST AYODOLA COKER JSC;

Judgement

SIR A. ADEMOLA, C.J.N. (Delivering the Leading Judgment): The appellant was charged with another, for the murder on 20th July, 1969, at Ibagwa Nike, of Robert Ngwu (m). He was convicted and sentenced to death whilst the 2nd accused was discharged. This is an appeal from the conviction.

The incident which led up to the killing of the deceased happened during the civil war in the country. The appellant joined the rebel forces known as Biafran Army. He joined as a private and later became a lieutenant. He was attached to the BOFF (Biafran Organization of Freedom Fighters). He was deployed to Nike and at the time Nike was in the hands of the Federal troops.

The deceased was also a soldier in the rebel forces; he and the appellant were both natives of Ibagwa Nike and well-known to each other.

Before July 1969, the appellant was posted in command of a rebel company to a town called Oto, near Ibagwa Nike, with the operational headquarters of his brigade at Atta. In July 1969, the appellan…

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