Ratio Decidendi


(1976) JELR 39823 (SC)    

Supreme Court  ·  SC.285/75 ·  18 Jun 1976 ·  Nigeria
Other Citations
(1976) All N.L.R 373 Aga v. State (1976) 6 S.C. 168
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

Ratio Decidendi

Core Terms Beta
head tie
learned trial judge
prosecution of an unlawful purpose
trial court
court of trial
human life
intended victim
unlawful purpose
13th day of april
accepted facts
adjoining room
appellant guilt of murder
chukwuma nnaji pw2
c. idigbe
criminal code
cross examination
driver runs
driving of a motor-car
edition of the laws of eastern region
experience of pregnancy
first throw of the deceased
following circumstances
following observations
furtherance of a purpose
furtherance of the ultimate felony
heart failure
means of an act
medical evidence
murder of oma etteh
particular instance
parts of the findings of the learned trial judge
pregnant deceased woman
pregnant uterus
provisions of this sub-section
pw2 of an ibo parable
reasonable doubt
result of shock
second attack
severe loss
state of the evidence
such provocation
support of the case
violent attack
violent kick

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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