Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1989) JELR 49546 (SC)    

Supreme Court  ·  SC.66/1989 ·  15 Dec 1989 ·  Nigeria
Other Citations
Adekunle v. State (1989) 5 NWLR (Pt.123)505 (1989) All N.L.R 754 Adekunle v. State (1989) 12 S.C 203
Adekunle v. State (1989) 5 NWLR (Pt. 123) 505
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
common intention
court of appeal
cause of death
trial court
mr. olanipekun
defence of alibi
instant case
oral argument
cement block
lead judgment
reasonable doubt
accused person
briefs of argument
exhibit a
learned counsel
lower courts
medical doctor
appellant of the offence of murder
common experience
court of appeal benin judicial division
criminal code cap
deceased policeman
equivocal finding of pw1
evidence of the defence
facts of this tragic case
following circumstances
following words
given night duty
great respect
heavy block pieces
investigation of this part of the case
judgments of the trial court
laws of ondo state of nigeria
leading judgment
main issues
plebeian pw2
prosecution of an unlawful purpose
prosecution of the said purpose
question of medical evidence
severe injuries
special circumstances
straight forwardness of the case
time of her death
various native doctors

NNAMANI, JSC (Delivering The Leading Judgment): The appellant herein was charged with murder contrary to Section 316(3) and punishable under Section 319 of the Criminal Code Cap. 30 Vol. 11 Laws of Ondo State of Nigeria in that on or about the 26th day of January 1987, he murdered one Felicia Ejide. He was tried at the Ikere-Ekiti Judicial Division of the Ondo State High Court, and on 15th April, 1988, Fawehinmi, J. convicted him and sentenced him to death. The appellant appealed to the Court of Appeal Benin Judicial Division (Coram Omo, Musdapher and Ejiwanmi JJCA) which on 21st February, 1989 dismissed his appeal and affirmed the conviction and sentence. The appellant has now appealed to this Court.

The facts of this tragic case have been fully set down in the judgments of the trial Court and the Court of Appeal. I can only set them down briefly here. Felicia Ejide was a woman of about 70 years at the time of her death. For about 8 years prior to her death, she had been very ill and…

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