DINA
V.
THE STATE

(1984) JELR 46448 (SC)

Supreme Court · SC.44/1984 · 20 Sep 1984 · Nigeria

CORAM

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

appellant

farm

appeal

confession

conviction

court of appeal

evidence

trial

trial judge

wife

cause of death

learned trial judge

medical evidence

counsel

p.w

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…

DINA V. THE STATE

DINA
V.
THE STATE