(2018) JELR 38731 (CA)    

Court of Appeal  ·  CA/L/70C/2016 ·  11 Jul 2018 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
confessional statement
confessional statements
baba monday
death of the deceased
lead judgment
arraignment of the appellant
decision of the court
evidence act
grievous bodily harm
ingredients of the offence of murder
reasonable doubt
accused person
supreme court
appellants case
confessional statement of the appellant
joseph shagbaor ikyegh
lagos state
administration of criminal justice law
awori area of ogun state
behalf of the appellant
case of the respondent
charge sheet
circumstantial evidence
criminal case
criminal code law of lagos state
criminal procedure act
direct evidence vide okoh v
exhibit a
exhibit a4
good cause
investigation police officer
involuntariness of the confessional statement
judgment of the high court of justice
judicial acts vide section
late mother
laws of lagos state
leading judgment
learned counsel
leave of the court
main defence of the appellant
notice of appeal
nullity vide section
pieces of evidence
proper arraignment of the appellant
record of appeal
understanding of the appellant
version of the respondent

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment of the High Court of Justice of Lagos State (the Court below) by which it convicted and sentenced the appellant to death for causing the death of one Sube Adunbi, his mother, by strangulation, contrary to Section 319 of the Criminal Code Law of Lagos State, 2003.

The case of the respondent, in outline, was that the appellant killed his mother by strangulation on the fateful day stated in the charge sheet for bewitching him and not helping him in life. On the other hand, the appellants case was that his late mother who was a drunk came back drunk while he was fighting with his motor-vehicle conductor over disagreement on missing money and she went between them to separate the fight in the course of which she fell down and started gasping and eventually died on the same day. The main defence of the appellant was accident.

The Court below believed and accepted the version of the respondent and…

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