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JOSEPH OSEMEH V. THE STATE

(1982) JELR 41531 (SC)

Supreme Court  •  SC.76/1980  •  24 Jun 1982  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC;

Appearances
Mr. Shola Rhodes, (with him, Mr. Adeniji Fashola) For Appellant Mr. J. O Falodun, Deputy Director of Public Prosecutions, Ondo State For Respondent

Judgement

G. S. SOWEMIMO, J.S C.: The appellant is the husband of the deceased but they do not live together. For some reason, he took a gun and shot the deceased dead. He took to his heels and was later arrested. He made a confessional statement which he retracted at his trial but the learned trial Judge disbelieved him. He was convicted for murder and sentenced to death. He appealed to the Federal Court of Appeal and this was dismissed. Before us, both counsel for the appellant and respondent have nothing to urge in favour of the appeal lodged by the appellant. I have read through the whole record of proceedings carefully and saw no merits in the appeal to this court. The appeal is hereby dismissed. The conviction by the trial Judge for murder and sentence of death is hereby upheld.

M. BELLO, J.S.C.: The appellant in the presence of two witnesses shot his wife to death with a dane gun apparently because she had refused to sleep with him. He made a confessional statement which he later retract…

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