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GABRIEL EWHARIEME AND OTHERS VS THE STATE

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GABRIEL EWHARIEME AND OTHERS VS THE STATE

Legalpedia Citation: (1985) Legalpedia (SC) 11134

In the Supreme Court of Nigeria

Fri Nov 29, 1985

Suit Number: SC. 196/1984

CORAM


ESO JUSTICE, SUPREME COURT

NNAMANI JUSTICE, SUPREME COURT

KARIBI-WHYTE JUSTICE, SUPREME COURT


PARTIES


GABRIEL EWHARIEMEDAVID IKPEGBUEZEKIEL KAROMUDICKSON EWHARIEME APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The facts which led to the conviction are straightforward. The Appellants were in a gang of robbers who, armed with guns, invaded the premises of Faseru Motors, Ilesa in the early hours of 23rd November, 1981 in order to steal therein. One of them shot one Moses Adaramoye a night-watchman (P.W. 1), with a gun after he failed to give them the keys to the office and the gate in the premises. He was shot in the stomach


HELD


APPEAL DISMISSED


ISSUES


None.


RATIONES DECIDENDI


CIRCUMSTANCES WHERE A PERSON CHARGED WITH CAPITAL OFFENC CAN BE CONVICTED ACCORDINGLY


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CASES CITED


None.


STATUTES REFERRED TO


None.


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