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OBINNA ORANIKA v. THE STATE

(2018) JELR 38653 (CA)

Court of Appeal  •  CA/OW/284C/2016  •  10 Aug 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court, Imo State sitting at Owerri (hereinafter referred to as the lower Court), delivered on the 30th dayof September, 2015 by Hon. Justice L. O. Azuama, J., in Charge No. HOR/18C/2013. Therein, the accused person/appellant (hereinafter referred to as the appellant) was found guilty of manslaughter and sentenced to life imprisonment.

BRIEF FACTS OF THE CASE:

The appellant was charged for the murder of one Iwuoha Godwin, pursuant to Section 319 (1) of the Criminal Code, Cap. C38, Laws of the Federation of Nigeria, 2004, as applicable in Imo State. The appellant was alleged to have initially knock down the deceased with his Mercedes Benz Car and the deceased fell with his motorcycle. That the deceased protested, and a scuffle ensued between them. During the fracas, the appellant lifted the deceased and slammed him on stony ground. As a result thereof, the deceased sus…

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