ALEWO ABOGEDE VS THE STATE

CORAM

M.L. UWAIS

A.B. WALI

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

O. OLATAWURA JUSTICE, SUPREME COURT

PARTIES

ALEWO ABOGEDE APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The deceased, a police constable, was a passenger in a mini-bus driven by the P.W.2. When they reached a check-point near Nkwo-Agu market at Udi Police, demanded money from the P.W.2. The deceased challenged the constable as to the propriety of demanding money. The appellant and the constable on duty with him (P.W.8) beat the deceased until at one stage the appellant shot the deceased which led to his death.

HELD

The appeal was dismissed. The conviction and sentence passed by the trial court were affirmed. The appellant was guilty of murder, convicted and sentenced to death.

ISSUES

(1) “Whether, in the face of irreconcilable contradictions in the evidence for the prosecution’ the learned Justices of the Court of Appeal were right in law in affirming that the appellant had a case to answer. (2) Whether the prosecution proved its case beyond reasonable doubt to warrant the confirmation of the conviction and sentence of the appellant by the Court of Appeal. (3) Whether the learned Justices of the Court of Appeal were right in law in extricating the evidence of P.W.2 and basing the conviction and sentence of the appellant on that evidence alone. (4) Whether in the circumstances of this case it was safe to base the conviction and sentence of the appellant on the evidence of the, solitary witness’ in the person of P.W.2”