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CLEMENT OMONIYI V. THE STATE

(1973) JELR 41448 (SC)

Supreme Court  •  SC.13/72  •  4 May 1973  •  Nigeria

Coram
GEORGE B. A. COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal in Appeal No. CAW/134/70, which upheld the judgment of the High Court, Ondo, in Charge No. HOD/3c/70.

The appellant, then accused, was charged with the murder of his mother, one Orisawayi Awosoyin, on 28th April, 1969, at Losan Village, Ondo. He was tried at the Ondo High Court, convicted of the charge of murder and sentenced to death by Piper, J. on the 30th October, 1970. The appellant appealed against his conviction to the Western State Court of Appeal. Seven grounds of appeal were argued before that court and, in the course of a well considered judgment, the appeal was dismissed on the 10th of December, 1971. The appellant has further appealed to this court against the judgment of the Western State Court of Appeal. The Appeal was heard on the 12th October, 1972, and was dismissed and we now give our reasons.

The case against the appellant both in theā€¦

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