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DINA
V.
THE STATE

(1984) JELR 46448 (SC)

Supreme Court 20 Sep 1984 Nigeria
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Case Details

Suit Number:SC.44/1984
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
Counsel:Chief Debo Akande For Appellant Mr. R. A. Bello, Principal State Counsel, Ogun State For Respondent

BELLO, J.S.C. (Presiding): The appellant was convicted of the murder of the deceased who was the husband of the appellant's sister-in-law. The Court of Appeal dismissed his appeal against that conviction. Both his counsel and the Principal State Counsel have nothing useful to urge in his favour at the hearing of the appeal in this Court.

The conviction was in the main based on the confessional statement of the appellant which he retracted at the trial. The evidence, other than his confession, shows that the appellant had visited the deceased's house on the material day and there he informed his sister-in-law that he would kill the deceased's brother whom he had suspected to have caused his wife to desert him. The deceased overheard the conversation and requested the appellant to leave his house. The appellant left the house with threat that the deceased "would see". Thereafter the deceased went to his farm where he was found dead with matchet wounds on his neck and face.

In his confe…

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