Legalpedia Citation: (2010) Legalpedia (SC) 01741
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Mar 25, 2010
Suit Number: SC. 395/2002
CORAM
PARTIES
EZEAKONAM NKEBISI JIDEOFOR ANYAEGBUE APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with the murder of Maduneke who replaced the appellant as a guard. The deceased subsequently disappeared and was never found after the appellant threatened the deceased. He was convicted at the trial court, which was later affirmed at the court of appeal.
HELD
Appeal was dismissed and the sentences affirmed.
ISSUES
1. On the materials before the Court of Appeal, was the death of the deceased proved? If the answer to issue No. 1 above is in the affirmative (which it is not) then, 2. Whether the Court of Appeal was right when relying on the evidence of PW5. Godfrey Emengini and previous threats alleged to have been issued to the deceased by the appellants, it held (affirming the decision of the trial court) that the guilt of the appellants had been proved beyond reasonable doubt.
RATIONES DECIDENDI
CASES CITED
1. Oguonzee V the State (1999) 2 LRCN, 232, (1998) 5 NWLR (Pt. 551) 521|2. Ibodo v. Enarofia (1980) 5-7 SC 42,|3. Enang v. Adu (1981) 11 SC|4. Sasanya v. Onadeko 2005 8 NWLR part 926 page 185.
STATUTES REFERRED TO
Not Available.|