(1991) JELR 40049 (SC)    

Supreme Court  ·  SC.43/1990 ·  19 Apr 1991 ·  Nigeria
Other Citations
Asanya v. State (1991) 3 NWLR (Pt.180)422 (1991) 4 SCNJ 1 (1991) 4 S.C 42
Asanya v. State (1991) 3 NWLR (Pt. 180) 422
MOHAMMED BELLO 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 SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
accused person
court of appeal
own defence
previous statement
court of trial
oral evidence
s.c. p
learned justices of the court of appeal
own behalf
act of the appellant
bendel state
criminal code
decisions of this honourable court
extra-judicial statement
facts of the case
inconsistent statements of an accused person
ipele police station
law of inconsistency
laws of western nigeria
local government area of ondo state
proper applicability of the rule
subsequent oral testimony
addresses of counsel
careful consideration
determination of this case
evidence of his insanity
following issues
further appeal
house of pw4
judgment of the court of appeal benin division
justices of the court of appeal
leading judgment
ondo state
one-room apartment
rebuttal evidence
room of the accused
spite of the above state of the facts
state of mental disease
vital evidence of d.w.2
voluntary statement exh

P. NNAEMEKA-AGU, J.S.C (Delivering the Leading Judgment): This is a further appeal by the accused person, Francis Asanya from the judgment of the Court of Appeal Benin Division, which had on the 30th June, 1989, confirmed his conviction on a charge of murdering his wife, Theresa Asanya, contrary to Section 254(1) and punishable under Section 257(1) of the Criminal Code (Cap.26) Laws of Western Nigeria, 1959 applicable in Ondo State and the sentence of death passed upon him. At the trial before Ogunleye, J., the prosecution had called six witnesses and the accused person (hereinafter called appellant) testified on his own behalf and called one witness.

The facts of the case as established in the court of trial are straight-forward. The appellant lived in a one-room apartment at Ajede Camp in Owo Local Government Area of Ondo State until 26th October, 19S3. His landlord was one Mr. Elegbeleye who testified at the trial as P. W.1. At about 12 mid-night on 26.10.83, P.W.1 heard a female v…

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