(1976) JELR 46295 (SC)    

Supreme Court  ·  SC.300/1975 ·  18 Jun 1976 ·  Nigeria
Other Citations
Uraku v. State (1976) 6 S.C. 128 (1976) 6 S.C 128
DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
criminal code
defence of provocation
charge of murder
laws of eastern nigeria
6th day of may
accused appellants brother
act of provocation
acts of provocation
alleged previous acts of provocation
appellants house
big matchet cut
blood trail
brother of the appellant
cause of death
criminal code cap
director of public prosecutions of the federation
evidence of the witnesses
face of the threat
force amounts
fresh grave
hearing counsel
interpretation of the statute
judgment of the supreme court
junior sister of the appellant
law section
leading judgment
leave of this court
legal concept
loss of self control
offence of murder of ovuta oraku
only ground
only ground of appeal
ordinary person
paramount importance
portion of the judgment of the learned trial judge
post-mortem examination
presence of an ordinary person
right part of the forehead
search of the vicinity
sexual behaviour
stout resolve of the appellant
vagliano brothers
wife obaji nwafor pw2

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on the 6th day of May, 1976 after hearing counsel on the only ground of appeal he argued before this Court, without calling on Respondents Counsel and now give our reasons.

The Appellant was, at Abakaliki in the High Court of the former East Central State, was tried on Information for the offence of murder of Ovuta Oraku, contrary to section 319(1) of the Criminal Code, vol. II Laws of Eastern Nigeria 1963 by Amadi-Obi, J., and convicted and sentenced to death.

The facts established before the learned trial judge in a summary are as follows:

The deceased was a junior sister of the Appellant who stood in-loco-parentis to her.. the evidence shows that he gave her away in marriage and when the marriage broke down, he accommodated her in his house until her style of living and sexual behaviour assumed such proportion of immorality that he ordered her out of his house at Amagu Umuafia, Oshiri, Ohoazare-A…

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