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ABUDU SALAWE VS THE STATE

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ABUDU SALAWE VS THE STATE

Legalpedia Citation: (1972) Legalpedia (SC) 11171

In the Supreme Court of Nigeria

Fri Jan 14, 1972

Suit Number: SC. 314/71

CORAM


COKER JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

SOWEMIMO A.G. JUSTICE, SUPREME COURT


PARTIES


ABUDU SALAWE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



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


CASES CITED


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


STATUTES REFERRED TO


None.


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