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CHRISTOPHER OKOSI & ANOR V. THE STATE

(1989) JELR 42935 (SC)

Supreme Court  •  SC.175/1988  •  17 Feb 1989  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; ANDREWS OTUTU OBASEKI JSC; CHUKWUDIFU AKUNNE OPUTA JSC; SALIHU MODIBBO ALFA BELGORE JSC;

Appearances
Chief (Senator) N. N. Anah (with him, V. I.Aganeku) for the 1st AppellantChief (Mrs.) Ajayi-Obe (with her, G. A. Oyibo) for the 2nd Appellant For Appellant Mr D.N Aguadi (D.P.P) Anambra State Ministry of Justice For Respondent

Judgement

BELGORE, JSC (Delivering The Leading Judgment): On 29th July, 1983, at about 2200 hours, at Onitsha, one Raymond Okonkwo was in his patent medicine shop along New Cemetery Road, just closing for the day. He had his lights on and he heard a knock on his door. He never opened but spoke to whoever the visitor was. The visitor asked for a medicine which he (Raymond Okonkwo, alias Boy-Boy and P.W.5 at the trial court) said he never had, but offered a substitute which the enquirer seemed to like. He then opened his door. It was the first appellant that came in with a rush. He ordered P. W.5 to lie down and not to get up. He requested him for money and on his replying that he had no money on him, he slapped him twice on the face, and warned him not to cry otherwise he would be shot. The first appellant then ransacked his drawer and found N30.00 and asked if that was all his takings for the day. P. W.5 was in the process of answering when the second appellant walked in and produced a gun from…

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