DUMBE, MAURICE & ORS VS CHIEF STEPHEN IBUGBOE
July 24, 2025A. ARIORI AND ORS v. MURAINO B.O. ELEMO AND ORS.
July 24, 2025Legalpedia Citation: (1983) Legalpedia (SC) 81113
In the Supreme Court of Nigeria
Thu Jan 27, 1983
Suit Number: SC. 72/1981
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
DANIEL IBANGA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant attacked his half brother with a matched and inflicted on him fatal wounds from which he died later that day, alleging that the deceased had been having an adulterous affair with his wife who had divorced him three years earlier.
HELD
The Court affirmed the conviction of murder together with the sentence passed by the High Court and affirmed by the Federal Court of Appeal
ISSUES
Whether the Federal Court of Appeal erred in law in convicting the accused of (in confirming the conviction of the accused of) murder when on the (circumstances of the case) the evidence led, he ought to have been convicted of manslaughter.
RATIONES DECIDENDI
PROVOCATION
The law is that retaliation to an act of provocation must bear reasonable relevance, in terms of proportion, to the provocative act. Per Aniagolu JSC
CASES CITED
Obaji v. The State (1965) NMLR 417
STATUTES REFERRED TO
