CORAM
NNAMANI JUSTICE, SUPREME COURT
KARIBI-WHYTE JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, COURT OF APPEAL
MARY UKAEGO PETER-ODILI, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
NNAEMEKA-AGU, JUSTICE SUPREME COURT
PARTIES
BENSON UKWUNNENYI
ECHENA CHITO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW- ALIBI- PROVOCATION
SUMMARY OF FACTS
The appellants were charged for the murder of the deceased, who was a relative of someone who murdered their brother. The first appellant claimed to have murdered the deceased under provocation while the 2nd appellant raised the defence of alibi which was not investigated.
HELD
The court allowed the appeal 2nd appellant’s appeal on the ground that the trial court ought to have considered his defence but held that the defence of provocation did not avail the 1st appellant.
ISSUES
Not Available
RATIONES DECIDENDI
THE DUTY OF COURT TO CONSIDER ANY DEFENCE PUT UP BY AN ACCUSED PERSON
Where a defence has been put forward, it must be considered however improbable or regarded as stupid – Karibi- Whyte J.S.C.
WHEN THE DEFENCE OF PROVOCATION WILL NOT AVAIL AN ACCUSED PERSON
DEFENCE OF PROVOCATION:NOT SUFFICIENT FOR KILLING WHO DID NOT OFFER PROVOCATION.
Provocation offered by one person cannot be a ground for killing another who did not offer such provocation – Karibi- Whyte J.S.C
CASES CITED
1. Omeninu v. State (1966) NMLR. 356
2. Oladiran v. State (1986)1 NWLR. (Pt.14) 75
3. R. v. Ebok (I950) 19 NLR. 84 at p.86;
4. R. v. Nwanjoku (1937)3 WACA. 208
5. Opeyemi v the State (1985) 2 NWLR.(Pt.5)
STATUTES REFERRED TO
Not Available