NWOSU
V.
THE STATE

(1976) JELR 49344 (SC)    

Supreme Court  ·  SC.372/1975 ·  4 Jun 1976 ·  Nigeria
 · 
Other Citations
NWOSISI v. THE STATE (1976) 6 S.C. (REPRINT) 72
CORAM
DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
child
view
evidence
defence of alibi
monica okeke
matchet cut
dorothy muokwe
exhibit
learned trial judge
testimony of p.w.3
trial court
defence
sexual intercourse
accused person
benedetta okeke
charge of nnewi general hospital
consistent witness
criminal code
d. a. r. alexander
evidence of the alibi
female child
findings of fact of the trial court
former husband anamanjo chinyanti p.w.9
hearing of his appeal
high court
left hand
lower court
material contradictions
miscarriage of justice
overwhelming evidence
pathetic cry
p.w.
p.w.1 dr. anyaegbunam azike
p.w.5 obinano obichere
result of the improper admission of this evidence
right hand
senior medical officer
senior state counsel of anambra state
sexual relationship
sharp edge
stronger evidence
trial
trial judge
use of exhibit

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The appellant was charged on information with murder contrary to Section 319(1) of the Criminal Code, the particulars of the offence being that he murdered Monica Okeke on or about the 13th of April, 1971, at Obaoji Oba in the Onitsha Judicial Division.

The trial proceeded in the High Court in the Onitsha Judicial Division of the former East-Central State. The evidence in support of the case for the prosecution was as follows. The appellant and P.W. 3, Benedetta Okeke, the mother of the victim, Monica Okeke, had a sexual relationship in the course of which Monica Okeke was born. This child was, however, claimed as his own by P.W.3's husband, Ayino Okeke, P.W.10, who was both blind and unwell, and condoned the relationship between the appellant and his wife, P.W.3.

P.W.3 refused to have sexual intercourse with the appellant, excusing herself on the ground that the child was only eight months old, and persisted in her refusal…

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