(2006) JELR 58546    

14 Jul 2006 ·  Nigeria
Other Citations
Apugo v. State (2006) 15 NWLR (Pt. 1002) 227
Core Terms Beta
defence of self-defence
lower court
court of appeal
criminal code
trial court
cross appellant
learned trial judge
reasonable doubt
such force
defence of self defence
sufficient evidence of manslaughter
case of the prosecution
facts of this case
finding of the lower court
following issue
important element
learned justices of the court of appeal
mens rea
appellant hit
deceased fist blows
medical doctor
self defence
serious bodily harm
such circumstances
above requirements
act of the accused persons
appeal no. ca
attorney general of imo state of nigeria
behalf of the state
cause of death of the deceased persons
conviction of manslaughter
criminal code cap
deceased inflicting injuries
direct evidence
following offence
initial assault
issue of the defence
judgment of the port harcourt division of the court
laws of eastern nigeria
leading judgment
learned justices of the lower court
relatives of the deceased
respondent cross
said judgment
single issue
use of the word quarrel

ONNOGHEN, J.S.C. (Delivering the Leading Judgment):

This is an appeal against the judgment of the Port Harcourt Division of the Court of Appeal in Appeal No. CA/PH/151/2001 delivered on 9th December, 2003 in which the court substituted a conviction of manslaughter for that of murder earlier handed down by the trial court. Appellant is dissatisfied with the said judgment and has therefore appealed to this court while the respondent cross appealed on the finding of the lower court to the effect that appellant acted in self defence.

The charge against the appellant reads thus:

“At the session holding at Umuahia on the 16th day of January, 1984 the court is informed by the Attorney General of Imo State of Nigeria on behalf of the state that Iheanyighichi Apugo is charged with the following offence:

Statement of Offence

Murder, contrary to section 319(1) of the Criminal Code Cap. 30 Vol. II Laws of Eastern Nigeria 1963 as applicable to Imo State.

Particulars of Offence

Iheanyighichi Apugo, on th…

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