(1972) JELR 46138 (SC)    

Supreme Court  ·  SC.367/1971 ·  15 Dec 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 938 (1972) 12 S.C. 77
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
provisions of section
learned trial judge
evidence act
nature of an oath
onitsha division of the east-central state
high court
2nd prosecution witness
agnes okoye
opinion of the court
brother of the appellant
definition of child
g. b. a. coker
young girl
virtue of the provision of section
state counsel
sufficient evidence
young persons
mgbankwo nwuzo
leading judgment
part deals
meaning of section
such child
supreme court act
criminal procedure act
only ground of appeal
1st prosecution witness
context of section
local chief-matthias maduka
corpse of the deceased
following injuries
great deal
evidence of the 2nd prosecution witness
preliminary inquiry
religious belief
lord chief justice
part x of the evidence act
post-mortem examination
competence of the 2nd prosecution witness
summary conviction
3rd prosecution witness
virtue of this section

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The appellant herein has appealed to this Court against his conviction for murder by Oputa J. (High Court, Onitsha). He was charged and tried on an Information which alleged that on the 19th March, 1970, at Isuh in the Onitsha Division of the East-Central State he murdered one Mgbankwo Nwuzo who was his own sister-in-law having been married to a brother of the appellant who died during the recent civil war. Six witnesses gave evidence for the prosecution at his trial but only one of them, Agnes Okoye, 2nd prosecution witness, was an eye-witness to the events leading to the death of Mgbankwo Nwuzo. The case for the prosecution is that on the day in question the appellant resented the action of Mgbankwo Nwuzo in hoisting sticks on the ground for the erection of a shed and, as she repeatedly gathered her sticks and tried to put them up again after he had pulled them down, the appellant kicked her with his foot on the waist and the…

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