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ADEBANJO OGUNBANJO V. THE STATE

(1973) JELR 50540 (SC)

Supreme Court  •  SC.2/72  •  23 Feb 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC;

Appearances
Mr. M.A. Bashua (with him, Ayodele Morakinyo) For Appellant Mr E.A. Olukole For Respondent

Judgement
<p>G. B. A. COKER, J.S.C (Delivering the Leading Judgment): The appellant had appealed against his conviction by Inko-Tariah, J., (High Court, Port Harcourt, Rivers State) of the murder on the 24th October, 1970 of one Florence George. At his trial, six witnesses gave evidence for the prosecution one of them being the Higher Registrar of the court who produced the autopsy report in the absence of the pathologist, and two of them being police officers who had been concerned in the investigation of the case against the appellant. One of the policemen, Okpara Fyneface (P.W.4) was the constable on duty at the police station on the 25th October, 1970, and to whom the appellant had made a statement (admitted in evidence as Exhibit &quot;C&quot;) to the effect that Florence George was his wife and that he had stabbed her and her male child of some eleven months old to death. The appellant was apparently thereafter taken before another police officer, Benjamin Olowo, (P.W.5) an Assistant Superintendent ofโ€ฆ</p>

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