UMEH
V.
THE STATE

(1973) JELR 44106 (SC)    

Supreme Court  ·  SC.320/71 ·  9 Feb 1973 ·  Nigeria
 · 
Other Citations
Umeh v. State (1973) 2 S.C. 7
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
benjamin orajiuka
learned trial judge
classmate of the appellant
name nathaniel orajiuka
g. b. a. coker
eye-witness of the tabbing of benjamin orajiuka
2nd p.w.
house of the appellant
leading judgment
criminal case
coconut seedling
facts of the present case
aspects of the case
various ways
high court
brother of benjamin
hold of the dagger
inter alia
present case
facts of this case
brother nathaniel
appellant
accused person
case
reserved judgment
trial
breach of this principle
benedict ifionu anaedum
appeal
apartment of the appellant
4th p.w.
principle
reasonable doubt
criminal law
self-defence
great pain
following day of injuries
benjamin
14th may
argument
east-central state
neighbour of the appellant
examination
use of his own dagger
judgment of the learned trial judge
external examination
point
witness
room
plinths

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): We dismissed this appeal summarily at the hearing and stated then that we would give our reasons later. The appellant was charged with the murder on the 14th May, 1970, at Igbo-Ukwu in Onitsha Division, of the East-Central State, of one Benjamin Orajiuka. He was tried by Oputa, J., (High Court, Onitsha) convicted as charged and sentenced to death. The case against him at the trial was that on the 13th May, 1970 he stabbed Benjamin Orajiuka with a knife (produced in evidence as Exhibit 2) in the side and that Benjamin died the following day of injuries which he had received. A brother of Benjamin, by name Nathaniel Orajiuka, was the 2nd P.W. He was a classmate of the appellant and an eye-witness of the tabbing of Benjamin Orajiuka. Benjamin had gone with his brother Nathaniel to the house of the appellant to demand the coconut seedling which Nathaniel alleged he had asked the appellant to buy for him and for which he had already…

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