UMANA
V.
THE STATE

(1972) JELR 46136 (SC)    

Supreme Court  ·  SC.352/1971 ·  28 Apr 1972 ·  Nigeria
 · 
Other Citations
UMANA v. THE STATE (1972) 4 S.C. (REPRINT) 145
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
edem umoh
learned trial judge
palm fruits
struggle
evidence
father
palm fruit
view
allswell-uranta
circumstances
c.j.n
corporal ebri ubi
criminal code
cross-examination
dangerous weapon
defence of provocation
grievous bodily harm
ikot ayan ndiya village
infliction of a slight bruise
justifiable retaliation
last version
leading judgment
learned counsel
left forearm
lower side of the neck
main road
medical evidence
mr. f.o. akinrele
murder of edem umoh
october
palm estate
plea of self-defence
preliminary investigation
previous dispute
reasonable grounds
regard
relevant portion of the accused
respects
right thigh
second story
second version
self-defence
south-eastern state
t. o. elias
trial
victor peter
way
whole land

T. O. ELIAS, C.J.N (Delivering the Leading Judgment): On October 25, 1971, Allswell-Uranta, J., in the High Court of the Ikot Ekpene Judicial Division in the South-Eastern State found Okon Umana guilty of the murder of Edem Umoh (deceased), contrary to Section 319 of the Criminal Code and sentenced him to death. On March 22, 1972, we dismissed the appeal brought by him, and we now give our reasons therefore.

The learned trial Judge found that the accused gave three inconsistent stories of what happened. In the first, in a statement which he made to the Police (Exhibit C), he said that on 20/2/71 he saw on his palm estate one Victor Peter cutting his palm fruits for Edem Umoh, the deceased. When he asked Edem Umoh, the deceased, why he cut the palm fruits, he said that the latter told him that, as his father was not from Ikot Ayan Ndiya village, he had no right to cut palm fruit along that area of the bush. Following this exchange of words, he said that the deceased, who was carrying o…

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