Legalpedia Citation: (2007) Legalpedia (SC) 43112

In the Supreme Court of Nigeria

Fri Feb 23, 2007

Suit Number: SC. 55/2003

CORAM


ONU

JUSTICE SUPREME COURT

JUSTICE SUPREME COURT

ONU

ONU

ONU

ONU

ONU

ONU

ONU

ONU


PARTIES


JOHN OGBULINUS EZE APPELLANTS


THE STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

There was a fight between the 1st Appellant and the deceased. In the course of the fight, the Appellants, jointly beat the deceased and lifted him up by his legs and dashed his head on the hard ground which led to his death before he got to the General Hospital


HELD


The appellant is guilty of culpable homicide punishable with death


ISSUES


1. Whether the Appellants were denied their fundamental rights to fair hearing when the Court below determined their appeals without the Exhibits tendered at the trial court.

2. Whether the learned Justices of the Court of Appeal were right when they upheld the evaluation of evidence by the learned trial judge and affirmed the convictions and sentences of the Appellants

 


RATIONES DECIDENDI


CASES CITED


1. Liman v. The State (1976) 6 UILR (Pt.11) 248,2. Adamu v. Kano N.A. (1956) 1 FSC, 25;3. Bakori v. The State (1980) 8-11 S.C. 81;4. Eric Eyo v. Attorney-General Bendel State (1986) 1 NWLR (Pt.17) 418-5. Oforlete v. The State (2000) 7 SCNJ. 162


STATUTES REFERRED TO


NONE


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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