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AMEH RICHARD v. THE STATE

(2018) LPELR-45157(SC)

In The Supreme Court of Nigeria

On Thursday, the 14th day of June, 2018

SC.446/2015


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

AMEH RICHARD - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Murder.
FACTS:
This is an appeal against the decision of the Court of Appeal sitting in Ekiti.

The facts of the case are that in the morning of March 23, 2011, members of two political parties, namely, Peoples Democratic Party [PDP] and Action Congress of Nigeria [ACN], clashed in Omuo-Ekiti.

There were allegations and counter-allegations of the removal of political campaign posters of candidates of the said political parties in the imminent elections. In consequence of the above development, a team of seven Police men was mobilised to Kota junction, Omuo-Ekiti, the scene of the clash, to restore law and order. While the Divisional Police Officer [DPO] was armed with a pistol, five of the Police men, including the appellant, were armed with AK47 rifles.

At the scene, the appellant shot one Ipinlaye Michael. Corporal Akindele Olaiya, on his part, shot one Faluyi Ayo Kehinde. Both men died from gunshot injuries, whereupon the appellant and Akindere Olaiya were arraigned as aforesaid, tried, convicted and sentenced.

The Appellant's appeal to the Court of Appeal was unsuccessful hence a further appeal to the Supreme Court.

ISSUES:
The Court determined the appeal on the issues raised by the Respondent and couched as follows:

(1) Whether on a correct evaluation of the totality of evidence adduced and admitted before the trial Court, the Court of Appeal was not right in affirming the conviction of the appellant herein?

(2) Whether the Court of Appeal was not right in concluding that the appellant was not justified in his discharge of his weapon and therefore seized of the requisite intention to commit murder?

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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