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BENJAMIN OYAKHERE v. THE STATE

(2005) JELR 41554 (CA)

Court of Appeal  •  CA/A/53/C/2001  •  7 Jul 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA; OLABODE RHODES-VIVOUR JCA;

Judgement

RHODES- VIVOUR J.C.A. (Delivering the Leading Judgment): In the High Court of Justice in Lokoja, Kogi State, the appellant and two others were arraigned before the Hon. Mr. Justice Umaru Eri, Chief Judge of Kogi State on four counts as follows:

(i) That on the 17th day of February, 2001, at Okene in Kogi State, the three accused persons caused the death of one Mamodu Abdullahi Ajawo, one Rafiu, one John Ogara, one Thomas Onah and one Alfa by inflicting gun shot wound on the said Mamodu Abdullahi Ajawo, and setting ablaze on fire the vehicle registration No. Osun XB 104 SBG conveying the other named deceased, consequently, burning the said deceased persons and the vehicle to ashes and thereby committed culpable homicide punishable with death contrary to Section 221 of the Penal Code.

(ii) That on the same 17th day of February, 2001, the three accused persons, in an amended second head of charge dated 12/3/01, armed with their service rifles, committed the offence of robbery on Saka Jim…

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