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JOHN PETER V. THE STATE

(1997) JELR 45455 (SC)

Supreme Court  •  SC.130/1994  •  7 Mar 1997  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): The appellant was arraigned before High Court of Rivers State of Nigeria in the Ahoada Judicial Division on a charge of murder contrary to section 319 of the Criminal Code in that he, on the 11th day of August, 1978 at Obagi Obigbo Bush in Omoku District, murdered one Solomon Nwokocha. He pleaded not guilty to the charge.Seven(7) witnesses testified for the prosecution. After a 'no-case' submission by learned defence counsel, Miss Oputa, had been overruled, the appellant gave evidence in his own defence and called a witness, Wellington Mba, the High Court Higher Registrar to tender the depositions taken at the preliminary investigation in the Magistrate's court, and closed his case. Learned counsel for both the defence and the prosecution addressed the court in that order and in a reserved judgment, the learned trial Judge Okara J. found the appellant guilty as charged and, convicted him of murder and sentenced him to death.

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