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V.
THE STATE

(1984) JELR 42519 (SC)

Supreme Court 13 Sep 1984 Nigeria
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- The appellant was convicted by the Auchi High Court (Amissah, J.) for the murder of his brother, having inflicted fatal machete wounds; the conviction was affirmed by the Court of Appeal and the Supreme Court. - The main defence advanced

Case Details

Suit Number:SC.34/1984.
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:F. O. Akinrele For Appellant D. E. Hayble D.S.G. Bendel State For Respondent

IRIKEFE, J.S.C. (Presiding): The appellant in this case was charged with the murder of his own brother, by inflicting matchet cuts on him. The evidence shows that the offence was committed in the morning hours. The learned Judge who tried the case (Amissah J.) went carefully through the defences raised by the appellant, both real and imaginary, and arrived at the conclusion that the charge as laid had been proved. The appellant sought to disown responsibility for the offence by alleging that he had acted while he was either dreaming or in a state of unconsciousness and that in consequence thereof, he had no control over what had occurred.

As against the above, the learned Judge took cognisance of the distance between the abode of the appellant and the scene of the attack, coupled with the time of the day when the attack took place and decided, rightly in my view, that the appellant was merely trying to deceive the court. Learned counsel appearing before 35 us stated that they had noth…

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