(1972) JELR 40029 (SC)    

Supreme Court  ·  SC.6/1971 ·  20 Dec 1972 ·  Nigeria
Other Citations
APOSI v. THE STATE (1972) 12 S.C. (REPRINT) 142
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE B. A. COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
exhibit b
yesiratu seidu
amusa otenuga
trial of the appellant
western state court of appeal
own statement
prosecution witnesses
statement exhibit b
sunday rufai
abundant evidence
appellate court
brain stem
case of the prosecution
circumstantial evidence
close of the prosecution case
confessions of the appellant
correctness of the statement
course of his calling
english translation
eriwu village farm
exhibit b1
extra-judicial confessions of the appellant
false impression
g. b. a. coker
grounds of appeal
high court
killing of yesiratu
leading judgment
odd jobs
part of the statement
parts of her body
p.c. rufai 8th p.w.
portions of the statement
purpose of this preliminary trial
reasonable doubt
seidu parakoyi 5th p.w.
small stream
valuable information
voluntary statement of the appellant
western state

G. B. A. COKER, J.S.C.(Delivering the Leading Judgment): The appellant was charged with and convicted of the murder, at Eriwu Village farm, Ago-Iwoye, on or about the 26th September, 1968, of one Yesiratu Seidu. He was tried by Abina, J., (High Court, Ijebu-Ode, Western State), convicted as charged and sentenced to death. He appealed against his conviction to the Western State Court of Appeal which dismissed his appeal on the 10th December, 1970. He then appealed to this court. His appeal to this court was dismissed on the 14th August, 1972 and, as stated then, we now give our reasons for doing so.

The case against the appellant rested substantially on the evidence of two prosecution witnesses and his own statement to the Police. At his trial, he was completely mute and did not utter a word and so the learned trial Judge decided first of all to try the issue as to whether he was mute of malice or mute by the visitation of God. There was before the learned trial Judge abundant evidence…

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