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JOSEPH OMOYOMA TOBI V. THE STATE

(1982) JELR 41787 (SC)

Supreme Court  •  SC.72/1980  •  1 Jul 1982  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC;

Judgement

A. G. IRIKEFE, J.S.C.(Delivering the Leading Judgment): The appellant who had shot and critically injured one "YELLOW", a female, who had rejected his love advances, and escaped was being sought by a posse sent out by the villagers. As the search party had him in sight and appeared to be gaining on him, he turned round and shot the deceased an ex-soldier who was at the vanguard of the pursuing party. The other members of the party on seeing the deceased fall, broke up and ran. The deceased died from gun-shot injuries soon after.

The Ughelli High Court (Amissah, J.,) carefully considered all the evidence as well as the defence of the appellant and found him guilty of murder as charged. The evidence produced against the appellant was overwhelming and any other verdict in the circumstances in the face of this evidence would have been perverse. I have no doubt that the Court of Appeal was right in dismissing this appeal and that learned counsel before us were equally right in stating that…

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