(1984) JELR 46448 (SC)    

Supreme Court  ·  SC.44/1984 ·  20 Sep 1984 ·  Nigeria
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
Core Terms Beta
court of appeal
trial judge
cause of death
learned trial judge
medical evidence
different police officers
commission of the offence
defence of provocation
evidence of the appellant
high court
senior brother
appellant of murder
body of the deceased
case of murder
chief debo akande
circumstances of the case
common ground
conduct of the appellant
confessional statement of the appellant
confessional statements
confessional statements of the appellant
defence of the appellant
fatal injuries
hearing of the appeal
high court of the ilaro judicial division
husband of the appellant
learned counsel
ogun state
only point of law of substance worthy
principal state counsel
records of proceedings
return journey
see kato dan adamu v
senior police officers
trial of the appellant
unknown persons

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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