AMUSA AJANI POPOOLA VS PAN AFRICAN GAS DISTRIBUTORS & ORS
August 16, 2025AMOS AKPAN UDO UKUT VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 49810
In the Supreme Court of Nigeria
Fri Nov 24, 1972
Suit Number: SC. 298/1971
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
ABIYE BATUBO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused, who was the appellant, was convicted on a charge of murder. He was sentenced to death at the High Court. He appealed against his conviction in the court of appeal and further to the Supreme Court.
HELD
The appeal was dismissed for lack of merit.
ISSUES
The learned trial Judge erred by relying on opinion evidence which put the age of the appellant as not below 18 years when proof of age was highly necessary in determining the proper sentence for murder.
By omitting to pass sentence of death by hanging on the Appellant in accordance with the provision of Section 367 of the Criminal Procedure Law Cap. 31, Laws of the Eastern Region, Nigeria, the sentence of death passed by the learned trial Judge is nugatory, void and of no effect.
RATIONES DECIDENDI
FACTORS TO BE DETERMINED ON SENTENCE FOR MURDER
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CASES CITED
STATUTES REFERRED TO
