Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CHUKWU
V.
STATE

(2021) JELR 108784 (SC)    

Supreme Court  ·  SC.747/2018 ·  8 Mar 2021 ·  Nigeria
CORAM
Olabode Rhodes-Vivour, JSC Musa Dattijo Muhammad, JSC Helen Moronkeji Ogunwumiju, JSC Abdu Aboki, JSC Emmanuel Akomaye Agim, JSC

Ratio Decidendi

Core Terms Beta
appellant
court
accused person
reasonable doubt
cause of death
learned trial judge
lower courts
offence of murder
primary school
ajali amah
defence of insanity
exhibit g
high court of ebonyi state
inter alia
state of mind
burden of proof of insanity
credible evidence
criminal code law cap
deceased person
evidence of murder
guilt of the accused person
laws of ebonyi state of nigeria
time of the death
accused person amaoge chukwu
appellant derogatory names
autopsy report
available evidence
close of evidence
conclusion of the learned trial judge
decision of the court of appeal enugu division
following cases
following ingredients of the offence
high court
ingredients of murder
judgment of the high court of ebonyi state
laws of ebonyi state
leading judgment
lpelr-1975 sc
murder of the accused person ajali ama
net finding of this court
preview of the leading judgment
proof of its case
rhodes vivour jsc
river bathing
sentence of this court
such evidence of mental incapacitation
time of the death of the deceased

ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal Enugu Division (herein called the Court below) which judgment was delivered on the 29th day of June 2019.

The Appellant was tried before the High Court of Ebonyi State on a one count charge on the offence of murder contrary to Section 319 of the Criminal Code Law Cap 33 Vol 1 Laws of Ebonyi State. The one count charge is reproduced as follows:

Statement of offence

Murder contrary to Section 319(1) of the Criminal Code Law CAP 33 Vol 1 Laws of Ebonyi State of Nigeria 2009.

Particulars of offence

Amaoge Chukwu on the 31st day of August 2009, at Akaeze Ukwu Village Ndubia River in Ivo Judicial Division murdered Ajali Amah.

The facts leading to this appeal are, that prior to the 31st day of August 2009, the deceased and the Appellant had some sort of misunderstanding which resulted in the deceased always calling the Appellant derogatory names at every given opportunity. On a fatef…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login