M. O. ONAYEMI VS R. O. BALOGUN
August 26, 2025L. T. THADANI & ANOR VS NATIONAL BANK OF NIGERIA LTD
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 11817
In the Supreme Court of Nigeria
Fri Jan 21, 1972
Suit Number: SC. 308/1971
CORAM
COKER JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
THE STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged in the High Court, Ughelli, in the Mid-Western State, with the murder of Ahwevwievu Ebigide, his wife at Igbuku Village on or about the 7th day of January, 1970. He was tried by Ogbobine, J., convicted of the offence as charged and sentenced to death.
HELD
The Court dismissed the appeal.
ISSUES
None
RATIONES DECIDENDI
WHAT WILL AMOUNT TO PROVOCATION TO JUSTIFY MURDER
There is not enough evidence of provocation and I cannot accept the view that a killing is excusable on the ground of mere suspicion of adultery. I find no substance in the entire defence and I reject the case presented before me by the accused.” PER A. FATAYI-WILLIAMS, JSC.
CASES CITED
None
STATUTES REFERRED TO
None
