CHIEF OKIRINTA UGBALA & ORS VS AWO OKORIE & ORS
August 8, 2025IGBOJI ABIEKE & ANOR VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 01184
In the Supreme Court of Nigeria
Fri Dec 5, 1975
Suit Number: FSC. 139/1975
CORAM
ATANDA FATAI-WILLIAMS , JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
PARTIES
AYEMERE IHIMIRE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted by the trial court on the charge of murder of his wife which he had suspected of having adulterous association with one Itemudu Ogedegbe. The appellant sought cover under the defence of provocation.
HELD
The court held that there is no evidence supporting the defence of provocation and that the adulterous conduct of the deceased does not constitute provocation within the purview of Section 256 of the Criminal Code, Laws of the Western Region of Nigeria 1959.
ISSUES
Whether the trial court was right in law to have rejected the defence of provocation.
RATIONES DECIDENDI
ESSENTIALS FOR DEFENCE IN A MURDER CHARGE
1. To avail himself of the defence in a murder charge under Section 318 of the Criminal Code, the accused must have done the act for which he is charged (i) in the heat of passion, (ii) this must have been caused by sudden provocation, and (iii) the act must have been committed before there is time for his passion to cool per Mohammed Bello J.S.C
STATUS OF EVIDENCE GIVEN BY AN INFERIOR TRIBUNAL WITHOUT EVIDENCE
Where there is absolutely no evidence judgment given by an inferior tribunal will be a nullity. – Per. Fatuyi Williams.
BINDINGNESS OF CARDINAL PRINCIPLES OF NATIONAL JUSTICE ON TRIBUNALS
“It is one of the Cardinal Principles of national justice that a tribunal must base its decision on evidence of same probative value”. – Per Elias T.O. JSC.
CASES CITED
Chuku Obaji v. The State (1965) 1 All NLR 269 at 275
STATUTES REFERRED TO
Criminal Code, Laws of the Western Region of Nigeria 1959Criminal Code, Laws of the Federation of Nigeria and Lagos 1958
