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AGA
V.
THE STATE

(1976) JELR 39823 (SC)

Supreme Court 18 Jun 1976 Nigeria
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- Appeal against conviction for murder dismissed; the Supreme Court held that the appellant’s deliberate violent assault on a five-month pregnant woman, resulting in death, constituted murder under s.316(b) of the Criminal Code, not s.316(c

Case Details

Suit Number:SC.285/75
Judges:DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Counsel:Chief Ofodile For Appellant L.O. Anyaduba Snr S.C For Respondent
Other Citations:(1976) All N.L.R 373 Aga v. State (1976) 6 S.C. 168

C. IDIGBE, JSC (Delivering the Leading Judgment): We now give our reasons for dismissing this appeal on 6th May, 1976. The Appellant was on 7th May, 1975, in the High Court of the former East Central State holden at Abakaliki (Amadi-Obi. J), convicted of the murder of Oma Etteh (f) and sentenced to death.

Briefly, the facts in support of the case for the Prosecution which the Court of trial accepted are as follows: Chukwuma Nnaji PW2, (also the wife of the father of the deceased) was on the 13th day of April, 1974 having an unpleasant exchange of words with her mother-in-law when the deceased arrived on the scene, remonstrated with her, and in order to keep her (PW2) in check reminded PW2 of an Ibo parable which states that a non-grass-eating animal associating with a grass-eating one, like a goat soon learns not only to eat grass but also to eat roots of plants like goats do. The Appellant who at the time was in an adjoining room overheard the parable, came out and insisted that the …

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