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PATRICK OFORLETE V. THE STATE

(2000) JELR 44175 (SC)

Supreme Court  •  SC.177/1999  •  14 Jul 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC MICHEAL EKUNDAYO OGUNDARE JSC OKAY ACHIKE JSC UMARU ATU KALGO JSC EMMANUEL OLAYINKA AYOOLA JSC

Judgement


KALGO, J.S.C: (Delivering the leading judgement): The appellant, Patrick Oforlete, was charged with the offence of murder contrary to section 319(1) of the Criminal Code (cap. 30 of Laws of former Eastern Nigeria applicable to Imo State). The case of the prosecution was that on the 7th day of December, 1988, at Duruaku Ebeke lsu-Njaba in the Orlu Judicial Division of Imo State, the appellant caused the death of one Agim Ohayagba by hitting him on the head with a kitchen stool.

At the trial, which commenced at the Orlu High Court before Onunuju J., the appellant pleaded not guilty to the charge after it was read and explained to him. Thereafter both the prosecution and the defence called witnesses in support of their respective cases and later addressed the trial court before the case was adjourned for judgment.

On the 29th of January, 1993, the learned trial Judge, Onunuju J. delivered his judgment in which he found the appellant not guilty of murder but guilty of manslaughter and se…

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