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JOEL OMODARA V THE STATE

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JOEL OMODARA V THE STATE

Legalpedia Citation: (2003) Legalpedia (CA) 11149

In the Court of Appeal

Thu Mar 27, 2003

Suit Number: CA/L/656/2005

CORAM


JAMES OGENYI OGEBE JUSTICE, COURT OF APPEAL

PIUS OLAYIWOLA ADEREMI JUSTICE, COURT OF APPEAL


PARTIES


JOEL OMODARA APPELLANTS


THE STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was among a gang of armed robbers who robbed passengers of a vehicle. During the robbery one of them shot at one of the passengers leading to his death.  The vehicle also caught fire from the gun shot and some of the passengers were burnt alive. He claimed he was not the one who shot the gun.


HELD


The court held that he is liable for the death of the passengers even though he was not the one who shot the gun. ?


ISSUES


Whether the offence of culpable homicide punishable with death and setting the vehicle on fire as charged against the appellant were proved beyond reasonable doubt as affirmed by the Court of Appeal.


RATIONES DECIDENDI


CASES CITED


1. Miri v. The State [1968] ALL NLR 55. 2. Maijamaa v. The State [1964] 1 ALL NLR 212


STATUTES REFERRED TO


The Penal Code


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