SUNDAY ALAKO OMOTOSHO V. THE STATE
(2018) JELR 39364 (CA)
Court of Appeal
•
CA/AK/74C/2017
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19 Apr 2018
•
Nigeria
Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA;
MOHAMMED AMBI-USI DANJUMA JCA;
RIDWAN MAIWADA ABDULLAHI JCA;
Appearances
For Appellant
For Respondent
Judgement
<p>UZO IFEYINWA NDUKWE-ANYANWU, J.C.A.(Delivering the Leading judgment): This is an appeal against the judgment of the High Court of Ondo State delivered by Hon. Justice O. O. Akeredolu on the 30th day of November, 2016.</p><p>The brief statement of facts is as follows:</p><p>The Appellant was charged on information filed on 25th of April, 2016 with a single count of Murder contrary to Section 319 of the Criminal Code Cap 37 Vol. 1 Laws of Ondo State of Nigeria, 2006.</p><p>The Appellant pleaded not guilty to the charge. At the trial, the Prosecution, now the Respondent called four witnesses and tendered Exhibits P1 P8, IDX 4 and 5. The Exhibits included clothes (P1 P3); Cutlass (P4); Knife (P5); the Statement of the Appellant (Exhibit P6); Statement of Modupe Ogunjobi (P7); Statement of the Appellant made on the 26/02/2014 (P8); Photographs of the deceased (IDX 4 and 5).</p><p>While the Appellant gave evidence in his own defence and tendered no exhibits.</p><p>It was the case of the Respondent that on 26th of February, 2…</p>