SUNDAY ARCHIBONG VS THE STATE
August 16, 2025EYO EKPENYONG UKO VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 13941
In the Supreme Court of Nigeria
Wed Oct 18, 1972
Suit Number: SC. 178/1971
CORAM
ELIAS CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
AJOR ACHIMI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal from the judgment of the High Court in which the accused was convicted for the murder of his wife. He appealed against his conviction in the court of appeal and further to the Supreme Court.
HELD
The appeal was dismissed.
ISSUES
The learned trial Judge erred in admitting in evidence the statements of the Appellant (Exhibits 3 & 4) whilst considering the manner it was recorded by the Police, it is not in accordance with Police Rules of Practice.
The learned trial Judge erred on the plea of provocation by failing to give sufficient consideration to the facts of assault on the Appellant by the deceased but rather he wrongly directed himself by construing what in law amounted to loss of self-control as mere annoyance
The learned trial Judge erred in law holding the view that in a Christian marriage, a wife cannot be liable for criminal or civil assault on her husband except in the latter case (civil assault) only in divorce action.
RATIONES DECIDENDI
PLEA OF PROVOCATION
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CASES CITED
STATUTES REFERRED TO
