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RASAKI SAKA v. THE STATE

(2016) JELR 37012 (CA)

Court of Appeal  •  CA/AK/193C/2013  •  14 Apr 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court delivered by Honourable Justice O. O. Akeredolu on the 8th of March, 2013.

On the 19th day of October, 2011, the Appellant was arraigned on a lone count charge of murder pursuant to Section 316 of the Criminal Code Cap.30 Vol. II Laws of Ondo State, 1978 (now vol. 1, Cap. 37 Laws of Ondo State, 2006)

The Appellant pleaded 'not guilty' to the offence contained in the charge.

The prosecution (Respondent) called three (3) witnesses, and the Appellant (defendant) testified in his own defence.

Exhibits P1 and P2 were tendered and admitted on behalf of the Respondent, none was tendered and admitted on behalf of the Appellant.

The case for the Respondent was that on or about the 19th day of March, 2008, the Appellant unlawfully killed one Felix Akinrinmola by stabbing him with a broken bottle.

The case of the Appellant was a denial of the accusation. He stated in hi…

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