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ABEKE ONAFOWOKAN & ANOR v. THE STATE

(1986) JELR 42582 (CA)

Court of Appeal  •  CA/L/109/85  •  19 Mar 1986  •  Nigeria

Coram
ADENEKAN ADEMOLA JCA; PHILIP NNAEMEKA-AGU JCA; LEGBO KUTIGI JCA;

Judgement

ADEMOLA, J.C.A. (Delivering the Leading Judgment): The appellants, mother and daughter, were arraigned before the High Court in Lagos in the Lagos Judicial Division on an information charging them with murder of one Ganiyu Shittu on the 22nd day of April, 1981 contrary to Section 319 of the Criminal Code Law of Lagos State. They pleaded not guilty to the charge.

The brief facts as could be made out from the evidence of the prosecution witnesses and as was found by the learned trial Judge can be summarized thus:-

The two families of the prosecution witnesses and the appellants have lived together in a compound at 27 Koseh Street, Lagos for upwards of 8 years before this incident.

On the 21st of April 1981, there occurred a fight between a daughter of one Alhaja Bintu Shittu, the mother of the deceased and the second appellant over the right to fetch water first at the common tap in the compound. This fight was witnessed by the first appellant and her husband but it was a neighbour who …

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