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OTUNBA F.E. SOWEMIMO & ANOR. V. THE STATE

(2004) JELR 33729 (SC)

Supreme Court  •  SC.45/2002  •  23 Apr 2004  •  Nigeria

Coram
UTHMAN MOHAMMED JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Judgement

PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The appellants were charged with the murder of one Tunde Oredipe, tried, convicted and sentenced to death by hanging. They appealed to the Court of Appeal, which reduced the conviction of murder to that of manslaughter in which that court imposed some sentence. The appellants not obviously still satisfied with the judgment of the Court of Appeal thereupon appealed to this court and framed two issues for determination. The State equally cross-appealed.

However in arguing the appeal, the learned counsel for the appellants dropped issue one and relied on issue two which is,

"Whether the learned Justices of the Court of Appeal were right when they affirmed the decision of the trial court that the defence of alibi properly set up by the 3rd appellant Babatunde Sowemimo (herein refer (sic) to as 2nd appellant) was not proved by the appellant.

The respondent equally framed two issues for determination, which are;

"1. Whether the Court…

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