Daniel Sugh V. The State (1988) LawGlobal-Hub Lead Judgment Report B. WALI, J.S.C. The appellant was charged in the trial court with the following offence -“That you Daniel Iyorvershima Sugh, on or about the 17th day of October, 1984 along Makurdi-Gboko Road in Makurdi town within the Benue State Judicial Division did commit Culpable Homicide…

Benson Esangbedo Vs The State (1988) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C.  This is a further appeal by Benson Esangbedo against the confirmation by the Court of Appeal, Lagos Division, of his conviction by the Lagos High Court. The appellant and two others, who were discharged and acquitted at the conclusion of the trial, were…

Alhaji Umar Abba-tukur V Government Of Gongola State (1988) LawGlobal-Hub Lead Judgment Report A. OPUTA, J.S.C. On the 20th day of October, 1987 when this appeal came up for hearing, learned counsel for the Appellant, G. Brown Peterside, S.A.N. started and stated thus: “The main appeal is still pending. The present appeal arose from the…

Uzor Idika & Ors. V. Ndukwe Erisi & Ors. (1988) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C.  This appeal is against the order of retrial made by the Court of Appeal after hearing and allowing the appeal to it from the judgment of the High Court of Justice of Anambra State holden at Afikpo (Uche, J.)…

N. M. Ali & Anor V. The State (1988) LawGlobal-Hub Lead Judgment Report B. CRAIG, J.S.C.  The two Appellants herein were charged before the Shaki High Court in Oyo State with murder contrary to Section 254 (4) of the Criminal Code Cap.28 of the Laws of Western Region of Nigeria 1959 made applicable to Oyo…

Sahalatu Shazali V. The State (1988) LawGlobal-Hub Lead Judgment Report G. O. AGBAJE, J.S.C.  The appellant, Sahalatu Shazali, was arraigned in a Kano High Court on a charge of culpable homicide punishable with death under section 221(a) of the Penal Code and, in the alternative, on a charge of mischief by fire with intent to…

S.O. Bamgbose V. B.A. Oshoko & Anor (1988) LawGlobal-Hub Lead Judgment Report B. CRAIG, J.S.C.  This appeal is concerned with a rather small parcel of land measuring only 30 feet by 40 feet and situated at Ayikondu Compound, Igbein, Abeokuta. Coincidentally, the legal point involved in the case is just as small and it is…

Osarodion Okoro V. The State (1988) LawGlobal-Hub Lead Judgment Report G. KARIBI-WHYTE, J.S.C. This is an appeal against the judgment of the Court of Appeal Division in Benin City dated 20/1/88 dismissing the appeal of the appellant against his conviction and sentence at the High Court Benin City, by Okungbowa, J. Although the facts of…

Chief Stephen Nwankwo Okonkwo & Anor V. Dr. Patrick Ikechukwu Okolo (1988) LawGlobal-Hub Lead Judgment Report G. KARIBI-WHYTE, J.S.C.  This appeal is against the judgment of the Court of Appeal Division sitting at Enugu. On the 23rd January, 1985, the appeal by the Defendants against the judgment of Awogu J (as he then was) of…

Nwafor Nwawuba & Ors. V. Jereome Enemuo & Ors. (1988) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C.  For a proper appreciation of the real issues that arise for determination in this appeal, it is necessary to state the facts in some detail. In the present suit, which was commenced in Amawbia/Awka Judicial Division of Anambra State,…