JUDE EZEOKE AND ORS VS MOSES NWAGBO AND OTHERS
July 18, 2025DAYO DUYILE AND ANOR VS KELLY OGUNBAYO AND SONS LIMITED
July 18, 2025Legalpedia Citation: (1988-03) Legalpedia (SC) 13745
In the Supreme Court of Nigeria
Fri Mar 4, 1988
Suit Number: SC. 133/1986
CORAM
S.O. UWAIFO JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT BAYO ADELUMOLA APPELLANT
NNAMANI JUSTICE, SUPREME COURT AND
UWAIS JUSTICE, SUPREME COURT THE STATE RESPONDENT
PARTIES
BAYO ADELUMOLA
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – MURDER – SELF DEFENCE
SUMMARY OF FACTS
The Appellant Bayo Adelumola was arraigned at the trial court for the murder of one lyabo Olowa. The learned trial Judge found the Appellant guilty as charged. Aggrieved by the appellant he appealed to the Court of Appeal and the lower court equally dismissed the appeal, he further appealed to the Apex Court.
HELD
APPEAL DISMISSED
ISSUES
Whether or not on the evidence before the Court the accused was acting in Self-Defence.
Should not the Court be wary of convicting upon the evidence of P. W.1 who is shown to entertain grudge against the Accused?”
Is the Statement of the Accused to the Police really at variance with his testimony given in Court? If so, doesn’t the Statement constitute evidence on which the Court cannot act?”
RATIONES DECIDENDI
CRIMINAL PROCEEDINGS-A MAN IS PRESUMED TO INTEND THE NATURAL CONSEQUENCES OF HIS ACTS “
Our law is that a man is presumed to intend the natural consequences of his acts.” PER C.A OPUTA, JSC
CRIMINAL LIABILITY-DEFENCE OF ACCIDENT “
“A person is not criminally responsible for an act or omission, which occurs independently of the exercise of his will, or for an event which occurs by accident.” PER C.A OPUTA, JSC
CASES CITED
1. Dibie Ajuwa and Ors v. Sebastian Benjamin Odili (1985) 2 NWLR. (Pt. 9) 710
2. Njoku v Eme (1973) 5 SC. 293; (1973) 5 SC. (Reprint) 211
3. Chikwendu v. Mbamali (1980) 3/4 SC. 31; (1980) 3-4 SC. (Reprint) 21
4. Ibodo v. Enarofia (1980) 5 & 7 SC. 42; (1980) 5-7 SC. (Reprint) 29
5. Enang v. Adu (1981) 11-12 SC. 25; (1981)11-12 SC. (Reprint) 62
6. Otogbolu v. OkeIuwa (1981) 6-7 SC. 99; (1981) 6-7 SC.(Reprint)2
7. Overseas Construction Ltd. v. Creek Ent. Ltd (1985) 3 NWLR. (Pt. 13) 407 at 413
8. Ajadi v. Okenihun (1985) 1 NWLR (Pt.3) 484, 489
9. Lokoyi v. Olojo (1983) 2 SC. NLR 127 at 132;(1981) 6-7 SC. (Reprint) 62
10. re Mogaji (1986) 1 NWLR. (Pt. 19) 759 772.
11. Merchantile Investment and General Trust Co. v. River Plate Trust Loan and Agency Co. (1894) 1 CH.D. 578,595
STATUTES REFERRED TO
NONE
