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JIMOH SALAWU V. THE STATE

(2009) JELR 33622 (CA)

Court of Appeal  •  CA/A/255/C/08  •  18 Jun 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; ABDU ABOKI JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This Appeal is against the decision of H. A. Olusiyi J. of the High Court of Justice Kogi State sitting at Okene delivered on the 24th day of June, 2008.

The fact of the case as presented by the Prosecution witnesses who were Policemen is that at about 8.45 p.m. on 6/10/2003 while patrolling along Okene-Auchi Road, the Appellant emerged from the bush with a torchlight in his hand, sweating and covered with dust while his motor cycle (a Vespa) was packed by the road side. When the Appellant could not satisfactorily explain his presence at such a deserted place and at such time of the night, the policemen took him to Police Station at Okene and detained him for the night. The following morning, the policemen went back and searched the area where the Appellant was arrested and their search yielded the naked corpse of a young woman, a knife, invitation cards for a wedding with the picture of the dead woman and a man on it, a lady's han…

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