CHUKWU
V.
THE STATE

(1994) JELR 46025 (SC)

Supreme Court · SC.211/1992 · 15 Apr 1994 · Nigeria
·

Other Citations

Chukwu v. State (1994) 3 NWLR (Pt.335) 640 (1994) 4SCNJ 85

Chukwu v. State (1994) 3 NWLR (Pt. 335) 640

CORAM

MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBI0MA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellant

plea

learned trial judge

court of appeal

evidence

reasons

accused person

plea of the appellant

criminal procedure law

unsound mind

decision of the learned trial judge

inter alia

j.s.c

criminal code

grounds of appeal

imo state

laws of eastern nigeria

mind of the learned trial judge

trial judge

provisions of section

such person

6th day of september

criminal case

guilty shall

high court

judgment of the learned trial judge

lead judgment

oral evidence

present case

act of the appellant

brother of the deceased

capital offence

cases of other offences

court finds

criminal procedure code

determination of this appeal

due consideration of the evidence

exact words of the accused

following day

high burden

leading judgment

light of the above observation

mental condition

recording of the accused person

record of the learned trial judge

right of appeal

rules of this court

self-defence

usual defences

view of the plea of the appellant

ADIO, J.S.C. (Delivering the Leading Judgment): The charge preferred against the appellant at the High Court, Imo State, Owerri Judicial Division, was murder contrary to section 319 of the Criminal code, Cap. 30 of the Laws of Eastern Nigeria, 1963, applicable in Imo State. The allegation against him was that he, on the 6th day of September, 1980, along Owu Mbaise Road in Owerri Judicial Division unlawfully murdered one Vincent Chukwu.

When the charge was read and explained to the appellant, for his plea, he pleaded:

"I murdered him by right."

The learned trial Judge, in view of the plea of the appellant, entered a plea of "not guilty" for the appellant. The evidence led by the prosecution was that on the 6th day of September, 1980, at about 5.30 p.m., the 1st P.W., was going from her home in Ikeduru to a maternity home in Mbaise when she saw the appellant hiding in a bush. The deceased was riding a bicycle towards the place where the appellant was hiding. When the deceased got there …

CHUKWU V. THE STATE

CHUKWU
V.
THE STATE