(2000) JELR 50890 (SC)    

Supreme Court  ·  SC.34/1999 ·  14 Apr 2000 ·  Nigeria
Other Citations
Ihuebeka v. State (2000) 7 NWLR (Pt.665) 404
Ihuebeka v. State (2000) 7 NWLR (Pt.665)404
Uluebeka v. State (2000) 7 NWLR (Pt. 665) 404
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
defence of provocation
learned trial judge
trial judge
heat of passion
matchet cuts
confessional statement of the appellant
fair hearing
home trouble
trial court
accused person
allegation of lack of faith
failure of the learned trial judge
leading judgment
reasonable doubt
act of the accused
former counsel
substitute counsel
trial of the appellant
wife grace
absence of the state counsel
affirmation of the contents of exhibit
appellant of this serious allegation
cases of okoduwa v
causes of his death
court of appeal
defences of insanity
family house
father of the accused
following issues
former bendel state
high court
iregho uluebeka
local government area of bendel state
prosecuting state counsel
retraction of the voluntary statement exhibit
said exhibit
see r. v
similar questions
statement of accused person
submitted inter alia
such thing
time of the incident
voluntary act of the accused person

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was convicted for murder and sentenced to death by Okungbowa, J on 14th January, 1991 at the High Court or the former Bendel State at Ekpoma. The offence was committed on 19th September, 1985 at Illeh-Ekpoma in the Ekpoma judicial Division.

The deceased, Iregho Uluebeka was the father of the accused. At about 7 p.m on 18-9-85, the deceased invited PW 1 (Abu Uluebeka) to the family house where he was living. The accused who was at the time of the incident a Sales Representative of Green Sands Publishers at Benin came home that evening. In the presence of PW1. the deceased requested the accused to help in the payment of the school fees of his younger brother who gained admission into a Technical College at Afuze. The accused refused to assist despite persuasion from PW1.

In the morning of 19/5/85, PW 1 went to the house of the deceased to greet him and the deceased told him that he was going to the farm to harvest yam tube…

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