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 …

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