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NKANU
V.
THE STATE

(1980) JELR 42504 (SC)

Supreme Court 14 Mar 1980 Nigeria
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- The appellant was convicted of the murder of an old woman and sentenced to death. - The appellant appealed to the Federal Court of Appeal, but the appeal was summarily dismissed. - The appellant then appealed to the Supreme Court. - The a

Case Details

Suit Number:SC.40/1978
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Kehinde Sofola For Appellant D.A. Adeniyi For Respondent
Other Citations:(1980) All N.L.R 121 Nkanu v. State (1980) 3-4 S.C. 1

A. O. OBASEKI, JSC (Delivering the Leading Judgment): The appellant, a middle aged man of 40 years and a native of Igbo Ekureku village in Obubra Local Government Area of Cross River State was in the High Court of Cross River State sitting at Ikom (Effanga, J.) tried and convicted of the murder of Edu Efe Ntomo (f) an old woman of 60 years and sentenced to death on the 9th day of June, 1971. His defence of denial of the killing and of insanity as a result of intoxication was rejected by the learned trial Judge for almost total absence of evidence in proof.

Aggrieved by the conviction, he appealed to the Federal Court of Appeal, his three main grounds being:

"(1) That my friend offered me a cigarette in my father-in-Law's compound where we were entertained with drinks, which after I had smoked, it pushed me into wild behaviour.

(2) That under this influence of a supposed cigarette I made my way back to my house where I started to act violently and this resulted in my using a matchet on…

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