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OTOBO OTUADA V. THE STATE

(1982) JELR 41545 (SC)

Supreme Court  •  SC.37/1978  •  1 Jul 1982  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC;

Judgement

A. G. IRIKEFE, J.S.C.: The appellant in this case, while armed with a loaded dane gun, knocked viciously on the door to the apartment where the deceased lay sleeping calling him by name as he did so. This was quite late at night and as the deceased opened his door to come out, the appellant calmly and with the ultimate in deliberation, took aim with his dane gun and released a shot at the deceased. The shot struck home in the lower regions, leading to profuse bleeding from which the deceased died before medical aid could be obtained. The learned trial Judge (Amissah, J.,) considered all the evidence as well as every possible legal defence and came to the inescapable conclusion that the appellant was guilty of murder as charged. The appeal to the Court of Appeal, in my view, was rightly dismissed. I think both counsel are right in saying before us that they had nothing useful to urge in favour of this appellant. I hold that this appeal lacks substance and I would therefore dismiss it. …

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