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OGUNDIYAN
V.
THE STATE

(1991) JELR 43041 (SC)

Supreme Court 19 Apr 1991 Nigeria
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- The appellant was convicted of the murder of Florence Fadeke Ogundiyan and sentenced to death. - The appellant and the deceased were wives of the same man and had a history of disagreements and quarrels. - On the day of the incident, the

Case Details

Suit Number:SC.90/1990
Judges:ANDREWS OTUTU OBASEKI 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 SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Counsel:Chief V.A. Odunnaiya For Appellant A. Lokulo-Sodipo, Esq., Assistant Chief State Counsel, Ministry of Justice, Ogun State For Respondent
Other Citations:Ogundiyan v. State (1991) 3 NWLR (Pt.181)519 (1991) 4 SCNJ 44 (1991) 3 S.C 100

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal came up for hearing on the 24th day of January, 1991 and after hearing counsel for the appellant in oral argument and reading the briefs filed by the parties together with the record of proceedings and judgment, I found the appeal totally devoid of merit. I then dismissed the appeal, affirmed the decision of the Court of Appeal and reserved the reasons for my judgment till today. I now proceed to give the reason.

The appellant was arraigned before the High Court of Ogun State, Sagamu, and tried for the offence of the murder of Florence Fadeke Ogundiyan contrary to Section 319(1) of the Criminal Code Cap. 29 Vol. 11 Laws of Ogun State of Nigeria and convicted. She was then sentenced to death. The short facts of the case are as follows:

The appellant and the deceased were wives of Thomas Adewale Ogundiyan. They were married to him under customary law which allows polygamy. Apparently, the appellant and the deceased n…

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