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ABUDU SALAWE VS THE STATE

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ABUDU SALAWE VS THE STATE

Legalpedia Citation: (2022-04) Legalpedia 93496 (SC)

In the Supreme Court of Nigeria

Abuja

Fri Jan 14, 1972

Suit Number: SC 314/71

CORAM


COKER JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT


PARTIES


ABUDU SALAWE

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


None.

 


SUMMARY OF FACTS

The appellant and his brothers lived together with their father in the same house at Apana. On 2nd December, 1970 at about 7 p.m., Salawe Okhidemhen (the deceased) went to a nearby mosque to say prayers. He was about 80 years of age. On his return from the mosque he hung his chalice on the wall of his parlour and changed his dress. Whilst doing so the appellant fired a gun at him. He was later carried to his room but by this time he had died.

 


HELD


APPEAL DISMISSED

 


ISSUES


1. Whether the accused was given provocation

 


RATIONES DECIDENDI


PROVOCATION



CASES CITED


Obaji v. The State (1965) NMLR 417, pp. 419-423

 


STATUTES REFERRED TO


None.

 


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