(1972) JELR 46124 (SC)    

Supreme Court  ·  SC.257/1971 ·  11 Feb 1972 ·  Nigeria
Other Citations
MGOKO v. THE STATE (1972) 2 S.C. (REPRINT) 113
IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
prosecution witness
learned trial judge
mr. akinola
3rd p.w.
advanced stage of pregnancy
medical evidence
app r.
attacked person
charge no. phc
court of appeal
criminal code
criminal division
criminal law
deadly weapon
defence of self-defence
defences of self-defence
exceptional circumstances
eye witness
fact press
first criticism of the learned judge
hard labour
important thing
john mgboko of the murder of eunice mgboko
journal of criminal law
leading judgment
mr. michael
only way
port harcourt high court
pregnant woman
present case
prosecution case
reasonable grounds
reasonableness of an accused
respectful view
respective reports
second cut
sentence of life imprisonment
short time
sir i. lewis
story of the accused
strong medical evidence
sufficient time
years imprisonment

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): On the 13th of August, 1971 Wai-Ogosu, Ag. J., in the Port Harcourt High Court in Charge No. PHC/18C/1971 convicted John Mgboko of the murder of Eunice Mgboko and sentenced him to death, and against that decision he has appealed to this court.

The accused never denied killing the deceased, who was his wife, but it was his case that the killing took place in circumstances that enabled him to raise in the alternative the defences of self-defence or provocation such as would reduce the killing from murder to manslaughter. The learned trial Judge rejected both his defences.

There was no eye witness to the killing, though the 3rd P.W. had been present when the accused had asked the deceased to come home with him from their farm and she had refused though the 3rd P.W. advised her to go with her husband and shortly thereafter he heard a shout from the deceased and going to where he had left them, he saw the accused running away and foun…

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