CORAM
A.I. IGUH, JUSTICE, SUPREME COURT
A.O. OBASEKI – JUSTICE, SUPREME COURT
P. NNAEMEKA-AGU – JUSTICE, SUPREME COURT
M. L UWAIS – JUSTICE, SUPREME COURT
O. OLATAWURA – JUSTICE, SUPREME COURT
PARTIES
ELIZABETH OGUNDIYAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was arraigned, tried and convicted for the offence of murder of Florence Fadeke Ogundiyan, her co-wife, contrary to Section 319(1) of the Criminal Code, Cap. 29 Vol. II Laws of Ogun State of Nigeria and. She was then sentenced to death. Her appeal to Court of Appeal was dismissed and she the appealed to the Supreme.
HELD
The appellant was properly convicted of murder by the learned trial Judge and sentenced to death and that decision was justifiably confirmed by the Court of Appeal. The burden of proof was fully discharged and the standard of proof certainly achieved.
ISSUES
Whether the guilt of the appellant was established by the evidence adduced.
RATIONES DECIDENDI
CASES CITED
lyaro v. The State (1988) 19 NWLR. (Pt. 69) 256.Olojo (1983) 8 SC. 61 at 68; (1983) 2 SCNLR 127.- per Obaseki, JSC.,Alonge v. Inspector General of Police (1959) 4 FSC 203 (1959) SCNLR 516.’Hycienth Egbe v. The King 13 WACA 105 at 106
STATUTES REFERRED TO
1979 Constitution of the Federal Republic of Nigeria