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SUNDAY ALAKO OMOTOSHO v. THE STATE

(2018) JELR 39364 (CA)

Court of Appeal  •  CA/AK/74C/2017  •  19 Apr 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

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.

The brief statement of facts is as follows:

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.

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).

While the Appellant gave evidence in his own defence and tendered no exhibits.

It was the case of the Respondent that on 26th of February, 2…

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