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P. C. O. OLUDAMILOLA v. THE STATE

(2010) JELR 33579 (SC)

Supreme Court  •  SC.317/2008  •  19 Mar 2010  •  Nigeria

Coram
NIKI TOBI JSC; IKECHI FRANCIS OGBUAGU JSC; JOHN AFOLABI FABIYI JSC; JAMES OGENYI OGEBE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

J. O. OGEBE J.S.C: (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Abuja which dismissed the appellant's appeal from his conviction and sentence to death by Otta J of Kogi State High Court of culpable homicide punishable with death contrary to Section 221(a) of the Penal Code by causing the death of one Solomon Omopariola. The case for the prosecution was that the appellant, a Police Officer shot with a revolver pistol at the deceased who had gone to a police station in sympathy with an arrested person. There was evidence that prior to this incident, the appellant and another colleague had been drinking illicit gin PW2 Samuel Olowu was an eye witness to the event. He gave evidence of how the appellant gripped the deceased and was taking him into the Police Station at Efo-Amuro when he heard the sound of a gun shot and the deceased shouted that the appellant had killed him. He went and saw the deceased in a pool of blood and asked the ap…

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