Commissioner Of Police V. Sebastine Obasi & Ors (1976) LawGlobal-Hub Lead Judgment Report BELLO, J.S.C.  This is a case stated by Aseme, J., on his own motion, under the provisions of Section 39(2) of the High Court Law of the East Cental State. The learned judge making the reference states the questions upon which the…

Inyere Akpuenya V. The State (1976) LawGlobal-Hub Lead Judgment Report O. OBASEKI, AG. JSC  We dismissed this appeal on the 14th day of October, 1976 and now give our reasons. The appellant was at Agbor tried and convicted by the High Court of Mid-Western State (Ovie-Whiskey, J., (as he then was) of the murder of Edobor Ekhoragbon on…

Peter Nwachukwu Eze V. The State (1976) LawGlobal-Hub Lead Judgment Report OBASEKI, AG. JSC  The appellant was on the 25th day of June 1973, found guilty of the murder of one Victoria Okonkwo, contrary to Section 319(1) of the Criminal Code and sentenced to death by Oputa, J., sitting at the Onitsha High Court. Aggrieved…

Chief Numogun Sam Adeyemi V. Emmanuel Opeyori (1976) LawGlobal-Hub Lead Judgment Report IDIGBE, JSC.  This appeal is from the judgment of the Western State Court of Appeal (Eso and Ogunkeye, JJ.A; Akinkugbe, J.A. dissenting) dismissing an appeal from the judgment of the High Court of the former Western State of Nigeria holden at Oshogbo whereby…

Chief C.o. Benebo Omoni & Ors V. Chief Pennington D. Imona Biriyah & Ors (1976) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC.  This appeal is against the judgment of Allagoa, J., in suit PHC/118/72 delivered on 30/4/74 at the High Court of Rivers State sitting at Port Harcourt, in favour of the plaintiffs, who are the…

Wilfred Okpaloka & Ors V. Ben Umeh & Anor (1976) LawGlobal-Hub Lead Judgment Report O. OBASEKI, Ag. J.S.C.  The plaintiffs/appellants instituted this action in the High Court of Justice of the East Central State holding at Awka claiming: 1. 2,000(pounds) special and general damages for trespass to their land known as Ofia Iyi Uga, whereof…

Tunji Bowaje V. Moses Adediwura (1976) LawGlobal-Hub Lead Judgment Report M. BELLO JSC SOWEMIMO, JSC  This is an application by the appellant/plaintiff for an order for extension of time within which to formally file the notice and grounds of appeal against the decision of the Western State Court of Appeal, and for leave to argue…

S.O. Ajanaku V. Commissioner Of Police (1976) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC.  This matter came before us on a notice of application for leave to appeal to this court under Section 117(A)(4) of the Constitution (Amendment) Decree No. 42 of 1976 which came into effect on 1st October, 1976. This section applies because the…

Peter Abu v. The State (1976) G. S. SOWEMIMO, J.S.C.  The Appellant was convicted of the offence of murder and sentenced to death by Inko-Tariah J on 27th June 1975, sitting at Court No. 2 at Port Harcourt in the Rivers State High Court. The Appellant has appealed to this Court against the conviction on…

David Obue V. The State (1976) LawGlobal-Hub Lead Judgment Report S. SOWEMIMO, J.S.C. The appellant has appealed to this court from a judgment of the Western State Court of Appeal, Ibadan, which confirmed the conviction for murder and sentence of death passed on him, by the High Court of the Western State at Ado-Ekiti on…