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STEPHEN EMOGA VS THE STATE

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STEPHEN EMOGA VS THE STATE

Legalpedia Citation: (1997) Legalpedia (SC) 19571

In the Supreme Court of Nigeria

Fri Jul 18, 1997

Suit Number: SC. 137/1996

CORAM


MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT

EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT


PARTIES


STEPHEN EMOGA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was convicted at the High Court of Bendel State, for the offence of murder and sentenced to death by hanging.


HELD


In the result, I am satisfied that the learned trial judge made a correct decision in convicting the appellant and sentencing him to death. The Court of Appeal is right in affirming the decision. The appeal is dismissed. I affirm the judgment of the court below.


ISSUES


1. Is the lower court right to affirm the conviction and sentence passed by the trial court against the appellant?2. Whether the Court of Appeal was right in applying the inconsistency rule to the extra-judicial statement of the appellant and his evidence in Court.  ?


RATIONES DECIDENDI


CASES CITED


R. v.Sweet-Escott (1971) 55 Cr. App. R. 316R. v. Golder45 CA.R. 5,R. v. Joshua (1964) 1 All NLR page I.?


STATUTES REFERRED TO


EVIDENCE ACT


CLICK HERE TO READ FULL JUDGMENT 

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