Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1984) JELR 46451 (SC)    

Supreme Court  ·  SC.64/1984 ·  7 Dec 1984 ·  Nigeria
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
trial judge
exhibit d
learned trial judge
trial court
1st accused
2nd p.w.
confessional statement
raymond nwachukwu
house of the appellant
house of the deceased
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
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…

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