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DANIEL OBI & ORS. v. THE STATE

(1972) JELR 41203 (SC)

Supreme Court  •  SC.372/1970  •  28 Jan 1972  •  Nigeria

Coram
GEORGE B. A. COKER JSC; UDO UDOMA JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

UDO UDOMA, J.S.C (Delivering the Leading Judgment): In the Charge No. LA/24C/70 in the High Court of Lagos, the 1st to the 6th appellants - Daniel Obi (alias Danike), Stephen Nwabene (alias Obi), Augustine Ibe (alias Ben), Roland Ojei, Ndubuisi Okorie and Sule Alabi Williams (alias Adagudu) - were together with one John Hazoume charged on information containing two counts of murder and one of robbery.

The counts in the information were in the following terms:

"Statement of Offence - 1st Count:

Murder, contrary to Section 319 (1) of the Criminal Code.

Particulars of Offence:

John Hazoume (m), (2) Daniel Obi alias Danike (m), (3) Stephen Nwabene alias Obi (m), (4) Augustine Ibe alias Ben (m), (5) Roland Ojei (m), (6) Ndubuisi Okorie (m) and (7) Sule Alabi Williams alias Adagudu (m), on the 9th day of November, 1969, at Lagos in the Lagos Judicial Division, murdered Mufutau Balogun (m).

Statement of Offence - 2nd Count:

Murder, contrary to Section 319 (1) of the Criminal Code.

Particula…

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