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THE STATE V. IDAPU EMINE & ORS.

(1992) JELR 41731 (SC)

Supreme Court  •  SC.248/1992  •  25 Sep 1992  •  Nigeria

Coram
SAIDU KAWU JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; USMAN SHEHU MOHAMMED JSC;

Judgement

S. KAWU, J.S.C. (Delivering the Leading Judgment): The respondents herein and another person were jointly charged under S.319(1) before the High Court of Rivers State sitting at Degema with the murder of the Amadabo of Obonoma Chief Solomon Oponogina. The particulars of the charge alleged that "on or about the 12th day of September, 1987 at Orupiri Creek in Obonoma Town in Degema Judicial Division murdered Solomon Obonogina". They pleaded not guilty to the charge.

At the trial, the prosecution called a number of witnesses to testify in support of the charge. All the accused persons testified in their defence and called two additional witnesses. The prosecution's case was based substantially on the evidence of P.W.1 - Moses Solomon, who claimed to be an eye witness of the event that led to the death of the deceased. He testified in part at the trial as follows:

"I know the accused persons. They are Obonoma people. On the 12th September,1987 I was fishing in Orupiri creek at about 7.30…

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