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NWANGA NWUZOKE V. THE STATE

(1988) JELR 42780 (SC)

Supreme Court  •  SC.113/1987  •  26 Feb 1988  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; PHILLIP NNAEMEKA-AGU JSC;

Appearances
Senator N.N. Anah (with him V. I. Aganekwu) For Appellant D.N. Oguadi D.P.P. Anambra State For Respondent

Judgement

C. A. OPUTA, J.S.C.: (Delivering the Leading Judgment): The Appellant was in the Abakaliki Judicial Division of the Anambra State High Court charged with, and convicted of the offence of murder by Obayi, J. and sentenced to death. His appeal to the Court of Appeal Enugu Division was found to be totally unmeritorious and was accordingly dismissed. In that Court neither learned counsel for the Appellant nor for the Respondent had anything useful to urge in his favour. He has now appealed to this Court on one original ground namely:-

"That the decision is unwarranted, unreasonable and/or cannot be supported by law."

This ground calls for another review of the facts of this case. Just how many such reviews can we have in one single case? That is the question and the answer seems to be in the policy of this Court to abide by the concurrent findings of the two Courts below unless exceptional circumstances are shown requiring this Court to intervene to prevent a miscarriage of justice.

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