(1976) JELR 46274 (SC)    

Supreme Court  ·  SC.220/1975 ·  16 Jan 1976 ·  Nigeria
Other Citations
OFOHA v. THE STATE (1976) 1 S.C. (REPRINT) 30
GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
criminal code
defence of provocation
learned trial judge
deceased left
facts of the case
own farm
11th day of december
appellant nwashiri ofoha
bush path
charge of murder
cogent proof of the act
complete loss
confessional statement exhibit 2a
consideration of the nature of the weapon
consideration of this section
dead body
deceased cut
deceased ugadiya ofoha
eye witness
family house
farm of the deceased
favour of the appellant
felicia osuola p.w.6
hearing of the appeal
instant case
inter alia
lawrence onwuzuruike p.w.4
leading judgment
legal concept
martina nwaeche p.w.7
martina nwokeokibe p.w.8 of her destination
medical evidence
mode of resentment
murder of ugadiya ofoha
paramount importance
reasonable doubt
scene of crime
sections of the criminal code
self control
sudden provocation
supreme court

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The appellant was tried on information for the murder of Ugadiya Ofoha contrary to Section 319(1) of the Criminal Code and convicted by Obi-Okoye, J., sitting at Okigwe in the High Court of the East Central State of Nigeria.

Aggrieved by the decision, the appellant appealed to this court. But at the hearing of the appeal on the 11th day of December 1975, counsel for the appellant had nothing to urge in favour of the appellant and having satisfied ourselves that the conviction was justified by the evidence on record, we dismissed the appeal without giving reasons then.

We now give our reasons.

The facts of the case are briefly as follows:

The appellant Nwashiri Ofoha and the deceased Ugadiya Ofoha were widows of the same husband Ofoha who died many years previously. They lived together in the family house at Amauzari but not happily. The evidence is that it was the appellant that always provoked the quarrel. Each had her own…

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