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THE STATE v. JOHN OGBUBUNJO & ANOR.

(2001) JELR 44279 (SC)

Supreme Court  •  SC.43/1999  •  19 Jan 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): On 26th October. 2000 we heard this appeal which emanates from the decision of the Court of Appeal, Port Harcourt Division (hereinafter referred to as the court below). We peremptorily and unanimously dismissed it, having earlier carefully read the briefs of both parties and listened to the arguments of their counsel. I thereafter indicated that I would give my reasons today for so doing. Before proceeding to do so, however, I wish to pause here and pry into the case's historical journey briefly as follows:

Criminal proceedings in this case were initiated by an information filed at the instance of the Attorney-General of Imo State in the Mbano/Etiti Judicial Division holden at Etiti and before Pats-Acholonu, J. as he then was. The proceedings were against six accused persons including the respondents herein, namely, John Ogbubunjo and Njoku Amaechi for the offence of murder contrary to section 319 of the Criminal Code, Cap. 30, vol. 11, …

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