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KARIMU YESUFU & ORS V. THE STATE

(1972) JELR 41988 (SC)

Supreme Court  •  SC.372/1971  •  20 Dec 1972  •  Nigeria

Coram
GEORGE B. A. COKER JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellants were charged with and tried on two counts of murder and robbery with violence before the High Court, Lagos. They were tried by Adefarasin, J., with a jury of 12 which, at the end of the trial, returned a unanimous verdict of guilty on all the appellants on both counts of the Information. They were accordingly convicted and sentenced; as to the count of murder, to death, and, as to the count of robbery with violence, to imprisonment for life. The Information alleges that on or about the 4th day of March, 1968, at Ebute-Metta, the appellants robbed Comfort Modupe Okusi of the sum of 400pounds in cash, gold jewelry valued at 200pounds and that in the course of the robbery they murdered Samuel Ogunmola. When the appellants were arraigned before the court and the Information read and explained to them, the court was treated to a drama which the learned trial Judge described in his notes as follows:

"The 1st, 3rd and 5…

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