CORAM

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ADEMOLA CHIEF JUSTICE OF NIGERIA

COKER JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

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PARTIES

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MALLAM UMORU JEGAH APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

This is an appeal against the judgment of the Western State Court of Appeal wherein the appeal of the appellant against his conviction by the High Court of the Western State was dismissed. The appellant was convicted by Ogunkeye, J., in Oshogbo of the murder of one Kelani Adejimi and sentenced to death.

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HELD

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That there was was credible evidence which could have given rise to the defence of provocation or self defence which, if the trial had been with a jury, the judge would have been bound to leave for the consideration of the jury and thus the court western state court of appeal and dismissed the appeal.

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ISSUES

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Whether on the evidence adduced the defence of self-defence or provocation is available to the appellant?

Whether that defence was raised or not erred in law to have confirmed the judgment of the lower court when the issue of provocation or self defence which ought to have been considered by the learned trial judge was not considered and they thereby came to wrong conclusion?

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RATIONES DECIDENDI

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WHERE THE DEFENDANT HAS MORE THAN ONE DEFENCE

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“If on the whole of the evidence there arises a question whether or not the offence might be manslaughter only, on the ground of provocation as well as on any other ground, the Judge must put that question to the jury. And If on the whole of the evidence there is nothing which could entitle a jury to return a lesser verdict the judge is not bound to leave it to them to find murder or manslaughter.”- Per Udo Udoma, JSC

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CASES CITED

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Kwaku Mensah v. The King (1945) 11 WACA 5

R. v. Hopper (1915) 2 KB 431

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STATUTES REFERRED TO

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