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BAMIDELE SIMEON v. THE STATE

(2014) JELR 36306 (CA)

Court of Appeal  •  CA/AK/43MC/2013  •  14 Nov 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED A. 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 Honourable Justice D. I. Kolawole of the Ondo State High Court sitting at Akure Judicial Division on the 27th day of June 2012.

The case of the prosecution against the Appellant was that on or about the 26th day of April, 2009 at Oda Barracks in Akure, the Appellant killed one Godwin Ocheidu by hitting him with an axe. Both the Appellant and the deceased were policemen living at the Oda police station barracks before the Appellant got transferred to Abuja and left the Oda police station barracks before the Appellant got transferred to Abuja and left his wife behind in the barracks. The Appellant lodged a complaint in the night of 26th April 2009 at the Oda Division of the Nigeria Police Akure that he caught the deceased a police officer making love to his wife in his own apartment within the same police barracks where they both shared apartments. That the deceased died from the …

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