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THE STATE V. GODFREY AJIE

(2000) JELR 44060 (SC)

Supreme Court  •  SC.71/1999  •  7 Jul 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): On 4th May, 2000, I summarily dismissed this appeal and reserved the reasons for my decision therefore to today. We did not feel obliged to call on the learned counsel for the respondent to reply.

I herein proffer my reasons briefly as follows -

At the conclusion of the prosecution's case before the trial High Court against the respondent for murder punishable under section 319(1) of the Criminal Code, that court (per Olukole, J.) sitting at Omoku returned a verdict of guilty against the respondent and accordingly sentenced him to death by hanging on 18th October, 1991. The Court of Appeal, holden at Port-Harcourt (Coram: Katsina-Alu, Uwaifo, JCA as they were and Nsofor, JCA) to which the appellant's appeal lay, after a dispassionate appraisal of the case reversed the trial court's decision by holding, inter alia, as follows "it will be seen plainly that the cause of death is consistent with the version of the appellant. His case was tha…

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