EYOROKOROMO & ANOR V. STATE

• Pages: 152-156

EYOROKOROMO & ANOR V. STATE

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152

I also would dismiss this appeal and do so with costs as ordered in the lead

judgment aforesaid.

BELLO, J.S.C.:

I had the privilege of reading in draft the judgment delivered

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by my learned brother, Obaseki J.S.C. I agree with his reasoning and conclusions.

I dismiss the appeal and award N300.00 costs to the respondents.

IDIGBE, J.S.C.:

I have had the privilege of reading the draft of the judgment

just read by my learned brother, Obaseki J.S.C., and I agree that for the reasons

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therein stated this appeal should be dismissed. I endorse the orders in the said

judgment.

ANIAGOLU, J.S.C.:

I was opportuned to read in draft the judgment just delivered

by my learned brother, Obaseki, J.S.C. I agree that, for the reasons stated by him

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in the said judgment, this appeal should be, and is hereby, dismissed with N300.00

costs to the respondents.

Appeal dismissed.

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EYOROKOROMO & ANOR V. STATE

25 SELE EYOROKOROMO & ANOR

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APPELLANTS

V

THE STATE

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RESPONDENT

SUIT NO. SC 54/1982

SUPREME COURT OF NIGERIA

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SOWEMIMO,

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J.S.C.

BELLO,

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J.S.C.

ESO,

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J.S.C.

ANIAGOLU,

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J.S.C.

UWAIS,

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J.S.C.

35 24th March, 1983

Criminal Law - Murder - Provocation - Parties to offences - Common purpose -

Crowd deliberately attacking deceased twice in retaliation for a death caused

by deceased's servant - Convictions of murder re-affirmed.

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ISSUES:

1.

Whether the defence of provocation can avail a person who kills another, merely

because the deceased servant's had killed someone in a fight.

2.

Whether a person who incites others into killing a person after beating him up

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and later finding him alive, can successfully rely on the defence of provocation.

3.

Can a crowd of people who while acting on the prompting of another person,

kill a deceased, be said to have had a common intention to prosecute an

unlawful purpose?

FACTS:

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The appellants were arraigned before the High Court Warri, for the murder of

the deceased. The deceased in the case had been the master of one Obiogbo,

who had been in a fight with one Ebikeme, as a result of which the latter was killed.

The deceased in this case, went to the police station to report the matter. The de-

ceased took police officers with him to the scene but when they reached the scene,