Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1985) JELR 46501 (SC)    

Supreme Court  ·  SC.200/1984 ·  25 Oct 1985 ·  Nigeria
Other Citations
Laoye v. State (1985) NWLR (Pt.10) 832
Laoye v. State (1985) 2 NWLR (Pt. 10) 832
KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI 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 SAIDU KAWU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
self defence
learned trial judge
grievous harm
trial court
trial judge
defence of self defence
own knife
court of appeal
first prosecution witness
reasonable apprehension of death
serious stab wounds
testimony of the appellant
accused person
excess of the attack
left hand
oyo state
state v
1st prosecution witness
cross examination
exhibit k
grounds of appeal
learned justice of appeal
majority judgment
only irresistible conclusion
stephen afere
whole evidence
analysis of the case
appellant ought
close of the case of the prosecution
criminal code of oyo state
deceased stephen afere
evidence of the 4th pw
grounds of excessive use of force
high court
ile ife high court
leading judgment
learned trial judge make reference
main issue
own defence
said doctor
students of the university of ife
such defences
sufficient evidence
tragic case
trial judge finds

A. NNAMANI, JSC (Delivering the Leading Judgment): This is indeed a most tragic case. The deceased, Stephen Afere, appellant and 1st prosecution witness, Akintokunde Akindahunsi were all students of the University of Ife, IIe-Ife. They were also friends. On the 15th March, 1982 at about 6.30p.m. the appellant and the deceased, Stephen Afere, went to a house at Ondo Road, Modakeke to collect a book from one Alaba. Incidentally, Alaba lived in the same house as the 1st prosecution witness. As Alaba was not in, and as the book could not be found, the 3 of them i.e. appellant, deceased and Akindahunsi walked back to the campus of the University.

According to the first prosecution witness, he walked slightly ahead of the other two. Then at a point he realised that they were having an argument. When he turned back the two of them were having a scuffle. He moved nearer and found that the argument was over a girl-friend. As he appealed to their sense of reason, the appellant stabbed him on t…

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