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YESUFU SOKOTO V. THE STATE

(1972) JELR 41693 (SC)

Supreme Court  •  SC.333/1971  •  12 May 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; IAN LEWIS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

ELIAS, C.J.N. (Delivering the Leading Judgment): The accused was charged with the murder of Kamoru Kelani on December 6, 1970 outside No.6 Okobaba Street, Ebute Metta, contrary to Section 316 of the Criminal Code and punishable under Section 319(1) of the Criminal Code. On September 10,1971, the accused was convicted and sentenced accordingly by Adefarasin, J., sitting with a jury at the Lagos High Court. From that judgment, accused has now appealed to this court.

The case for the prosecution was that from about 7.30 p.m. on Saturday, December 5, 1970, Kamoru Kelani, the deceased, held a naming ceremony party in front of his house, No.6 Okobaba Street, Ebute Metta, and that the party continued till the early hours of the morning of December 6, 1970; that the place was lit with electric bulbs hung over poles erected for the purpose; that there were several guests but that the accused was not invited to the party as he was not known to anyone there; that after mid-night on December 6, 1…

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