Just Decided Cases

ASIMIYU AFOLABI V THE STATE

Legalpedia Citation: (1982) Legalpedia (SC) 91111

In the Supreme Court of Nigeria

Sat Aug 14, 1982

Suit Number: SC. 78/1979

CORAM


IRIKEFE JUSTICE, SUPREME COURT

A.B WALI – JUSTICE, SUPREME COURT

IDIGBE CHIEF JUSTICE NIGERIA

NNAMANI JUSTICE, SUPREME COURT


PARTIES


ASIMIYU AFOLABI APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellant, a Soldier smashed his 22yrs old pregnant wifes head with a piece of heavy block while sitting in their Living room. She died on the spot.


HELD


The Supreme Court dismissed the Appeal for lack of merit and affirmed the conviction and sentence of the trial court.


ISSUES


Whether the Appellant is justified by smashing a piece of heavy block on his wifes head.


RATIONES DECIDENDI


INSTANCES WHEN SELF DEFENCE WILL NOT AVAIL AN ACCUSED PERSON.


“There can be no justification for crashing a heavy stone on the head of a wife when it is not in self defence” Per A. O. OBASEKI, JSC


CASES CITED


NONE


STATUTES REFERRED TO


NONE


CLICK HERE TO READ FULL JUDGMENT

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