OPUTA, JSC (Delivering the Leading Judgment): This appeal was heard on the 27/8/84. Learned counsel for the appellant, Fola Akinrinsola Esquire relied on his brief which was seemingly erudite and unnecessarily copious. He then made a few observations in elaboration of the paints canvassed in his brief. Learned counsel for the respondent R. A. Bello Esquire (P.S.C. Ogun State) also relied on his brief. After reading their briefs and listening to learned counsel on both sides, the court decided that the appeal should be dismissed. We then dismissed the appeal and agreed to give reasons for the dismissal on the 19th October 1984. Hereunder are my reasons.
The material facts of this sad case are simple, straightforward and in the main not disputed. It is common ground that the appellant on 10th April 1978 inflicted very serious and mortal matchet cut wounds on his own mother, who later died of those wounds on the 19th April 1978. The trial court - the Abeokuta High Court -believed the pro…