CORAM

MUSA DATIJO MUHAMMAD

PARTIES

EMEKA OKO APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was charge before the High Court of Enugu state on a one count charge of murder contrary to section 274 (1) of the Criminal Code Laws of Anambra State of Nigeria, 1986 applicable to Enugu State wherein he was alleged to have murdered one Ikenna Friday Mbah at the Estate Shopping Centre, Federal Housing Estate, Trans Ekulu, Enugu as a result of a quarrel that ensued between them. At the trial the Appellant pleaded not guilty to the charge. He however admitted inflicting the matchet cut that led to the death of the deceased in his extra judicial statement and his testimony before the court. At the conclusion of the trial, the court considered whether the defences of self defence or provocation availed him. The court ruled out self-defence but held that the defence of provocation was established. He was found not guilty of murder but convicted for the lesser offence of manslaughter and sentenced to 15 years imprisonment with hard labour. Dissatisfied with the trial court’s decision, the prosecution appealed to the Court of Appeal which allowed the appeal and set aside the judgement of the trial court. Aggrieved with the lower court’s decision, on his conviction and sentence to death, the Appellant has lodged an appeal before this court.

HELD

Appeal Allowed

ISSUES

?    Whether the learned Justices of the Court of Appeal were right when they held that since the defence of self-defence could not avail the appellant on the facts and evidence, the same facts and evidence could not ground a defence of provocation.?    Whether the learned Justices of the Court of Appeal were right when in the face of the evidence before the court, they held that the defence of provocation was not proved and did not avail the appellant.?    Whether the learned Justices of the Court of Appeal were right when they recorded and pronounced a sentence of death by hanging on the appellant

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria, 1999Criminal Code Laws of Anambra State of Nigeria, 1986 applicable to Enugu State

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