judy.legal
Login Register
📄 PDF

BENSON OBIAKOR NGOZIKA OBIAKOR V. THE STATE

(2002) JELR 54952 (SC)

Supreme Court  •  SC. 327/2001  •  7 Jun 2002  •  Nigeria

Coram
ABUBAKAR BASHIR WALI, JSC (Presided) MICHAEL EKUNDAYO OGUNDARE, JSC EMANUEL OBIOMA OGWUEGBU, JSC SYLVESTER UMARU ONU, JSC UMARU ATU KALGO, JSC (Read the Lead Judgment)

Appearances
E. Imadegbelo, Esq. (with him, J. O. Bamidele, Esq.) - for the1st B -*- Appellant. -*- O. Mogbeyi Sagay, Esq. (with him, O. E. Ogunkeye, Esq.) - for the 2nd Appellant. -*- N. D. F. Momah, A.C.L.O., Delta State - for the Respondent.

Judgement

KALGO, JSC (Read the Lead Judgment): The appellants were jointly charged with the offences of conspiracy and murder before the High Court, Asaba, Delta State. The particulars of the offences read:-

“i. Benson Obiakor and Ngozika Obiakor on the 9th of August, 1997, at Asaba in the Asaba Judicial Division conspired with each other to murder one Kingsley Ilesanmi contrary to section 516 of the Criminal Code, Cap. 48, Vol. II, Laws of defunct Bendel State of Nigeria 1975 as applicable to Delta State.

ii. Benson Obiakor and Ngozika Obiakor, on the 9th of August, 1997, at Asaba in the Asaba Judicial Division murdered one Kingsley Ilesanmi contrary to section 319 of the Criminal Code, Cap. 48, Vol. II, Laws of defunct Bendel State of Nigeria 1975 as applicable to Delta State.”

The appellants pleaded not guilty to the two charges separately when he read and explained to them. The prosecution called seven (7) witnesses to prove their case. The appellants testified in their defence but called …

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