BELLO, J.S.C. (Delivering the Leading Judgment): The appellant, believing that one old woman who lived in the same compound with him had bewitched him, matcheted her to death. In his defence the appellant stated that the deceased had been tormenting him with witchcraft and he had to kill her as she had planned his death. The trial court convicted him of murder after having considered the defence of insanity and provocation. The Court of Appeal affirmed the conviction.
At the hearing of the appeal before us, neither counsel has any thing useful to urge in favour of the appellant. I am satisfied the appeal has no merit. It has been stated in many cases that belief in witchcraft is not a defence to a murder charge.
Appeal is dismissed. Conviction and sentence affirmed.
ESO, J.S.C.: Mosalen Okotogbo was convicted of murder of one Jitibore Odje in the Warri High Court, Bendel State. He put up a plea of unsound mind but was certified by a medical officer to be medically fit to undergo the …