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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