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ALHAJI JIBRIN OKABICHI & ORS. v. THE STATE

(1975) JELR 33481 (SC)

Supreme Court  •  SC.299/74  •  27 Mar 1975  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The seven appellants were all tried and convicted by Adesiyun J. (High Court, Lokoja) for culpable homicide punishable with death pursuant to section 221 (a) of the Penal Code and sentenced to death. The charge against them reads as follows:

"THAT YOU, (1) Alhaji Jibrin Okabichi, (2) Abdul Saba, (3); Obaje Eze, (4) Abdullahi Labuja, (5) Achimi Ameh, (6) James Agada and (7) John Owuchala, on or about the 4th day of April, 1972, at Ankpa in Kwara Judicial Division did commit culpable homicide punishable with death in that you caused the death of one Daniel Abutu by inflicting wounds on his neck with the intention of causing his death and thereby committed an offence punishable under section 221 (a) of the Penal Code read with section 79 of the Penal Code. "

There were fourteen witnesses for the prosecution but none of the appellants gave any evidence or called any witnesses. There is but little evidence concerning the killing of …

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