BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant, Ayo Gabriel, was found guilty of murder after a trial at Owo in the High Court of Ondo State and sentenced to death. His appeal to the Court of Appeal, Benin Branch was dismissed. The accused was the husband of the deceased and both lived together at Irugbe Street, Owo in the house of Chief Bolade Arala. The couple were in the habit of fighting. On 23rd day of November, 1983, the landlord, Chief Arala (P.W.2), arrived at the house and saw a large crowd at the door of the accused. That was at about 10 p.m. The appellant and his wife had been fighting all day with their door locked. The P.W.2 on getting to appellant's door knocked and appealed to the appellant to open the door. All along, the deceased was shouting for help. Instead of opening his door for P.W.2, the appellant shouted a threat: that if the P.W.2 did not leave his door, he would come out with his matchet to decapitate him (P.W.2). A report was therefore lod…
GABRIEL
V.
THE STATE
(1989) JELR 42892 (SC)
Supreme Court 8 Dec 1989 Nigeria
BriefBot Summary
- The appellant, Ayo Gabriel, was convicted of murdering his wife after they were locked alone together in their room; the deceased was heard crying for help, and in the morning was found dead with deep lacerations after the appellant refus
Case Details
Suit Number:SC.20/1989
Judges:AUGUSTINE NNAMANI JSC
SAIDU KAWU JSC
SALIHU MODIBBO ALFA BELGORE JSC
PHILLIP NNAEMEKA-AGU JSC
ABUBAKAR BASHIR WALI JSC
Counsel:S.O. Ugboma (Mrs.) (with her, H. I. Musa (Mrs.) For the Appellant
Modupe Fasanmi (Mrs.), Deputy Director of Public Prosecutions, Ondo State For the Respondent
Other Citations:Gabriel v. State (1989) NWLR (Pt.122) 457 (1989) All N.L.R, (1989) JELR 60198
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