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AUGUSTINE UGBOGBO v. THE STATE

(2016) JELR 40943 (CA)

Court of Appeal  •  CA/L/1267/2014  •  21 Dec 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 4th July, 2014 by HON. JUSTICE E. A. ADEBAYO wherein the trial Court found the Appellant guilty of the offence of murder and convicted him to death by hanging. Aggrieved by the said decision, the Appellant filed a Notice of Appeal filed on the 26/9/14 setting out 6 grounds of Appeal.

The Appellant was arraigned before the trial Court on the following charge:

"STATEMENT OF OFFENCE

Murder contrary to Section 221 of the Criminal Law of Lagos State 2011.

PARTICULARS OF OFFENCE

AUGUSTINE UGBOGBO (M) on the 26th day of January, 2012 at about 2130 Hours, at Railway line, Otto, Oyingbo, Ebute-metta, Lagos, in the Lagos Judicial Division did Murder one ANNA UGBOGBO (F) by throwing a burning stove on her."

The Respondent alleged that the Appellant threw a burning stove on his wife, deceased Anna Ugbogbo who sustained severe burns resulting into her deat…

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