UDOFIA
V.
THE STATE

(1984) JELR 46451 (SC)

Supreme Court · SC.64/1984 · 7 Dec 1984 · Nigeria

CORAM

MOHAMMED BELLO Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER 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 CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellant

wife

evidence

court

trial judge

exhibit d

learned trial judge

statement

trial court

p.w

1st accused

2nd p.w.

confessional statement

raymond nwachukwu

house of the appellant

house of the deceased

self-defence

mr. akinrinsola

deceased having sex

grounds of appeal

hold of the cutlass

judgment of the court of appeal

oral arguments

voluntary statement of the appellant

credibility of witnesses

facts of this case

main trial

statement exhibit d

story of the appellant

trial of that issue

deceased person

evidence of francisca nwachukwu

evidence viz

findings of the learned trial judge

following pronouncement of the court of appeal

leading judgment

leave of this court

mini trial

original ground

particular finding

p.ws

respective briefs of counsel

second occasion

story of the accused meeting

story of the defence

wife of the appellant

OPUTA, JSC (Delivering the Leading Judgment): On the 27th September, 1984, the court heard the appellant's appeal against the judgment of the Court of Appeal, Ibadan Division, dismissing his appeal against the judgment of Babalakin, J. convicting him of the offence of murder and sentencing him to death. After reading the respective briefs of counsel for the appellant and the respondent, and listening to the oral arguments in elaboration of points made in those briefs, the court decided to dismiss the appeal and give its reasons later. Hereunder are my reasons:

To follow the various points agitated in the appeal before us, it may be necessary to set down rather briefly the facts of this case. The appellant and his wife, Clementina Onwuzurike, were arraigned before and tried by Babalakin, J. sitting in the Ibadan Judicial Division of the Oyo State High Court. The charge was murder.

In the trial court, the prosecution's case was that Clementina Onwuzurike (2nd accused) informed her husb…

UDOFIA V. THE STATE

UDOFIA
V.
THE STATE