ALL PROGRESSIVE GRAND ALLIANCE V. IKEDI OHAKIM & 2 ORS.
May 30, 2025WEST AFRICAN EXAMINATION COUNCIL V OMODOLAPO YEMISI ADEYANJU
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 14851
In the Supreme Court of Nigeria
Fri Apr 11, 2008
Suit Number: SC. 221/2006
CORAM
CHRISTOPHER MITCHELL CHUKWU-ENEH JUSTICE, SUPREME COURT
MUHAMMAD SAIFULAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
PARTIES
1. FRANK UWAGBOE
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant promised to deal the deceased who accused him of stealing his father’s N60. He subsequently picked up a cutlass and used it on the deceased causing severely injury which led to his death.
HELD
The court held that the appellant was guilty of murder and that the defence of provocation, self- defence and accident did not avail him in the circumstances of the case. ?
ISSUES
1. Whether the lower court was right in affirming that the prosecution proved its case beyond reasonable doubt.2. Whether the learned Justice of the Court of Appeal adequately considered the defences available to and or raised by the appellant
RATIONES DECIDENDI
DEFINITION OF ACCIDENT
An accident is the result of an unwilled act, an event which occurs without the fault of the person alleged to have caused it
CASES CITED
1. Nwede v State (1985) 3 NWLR (Pt. 13) 444;2. Akalezi v. State (1993) 3 NWLR (Pt. 273 1; 3. Okonji v. State (1987) 1 NWLR (Pt. 52) 659; 4. Ekpenyong v. State (1993) 5 NWLR (Pt. 295) 5135. Ehot v. State (1993) 4 NWLR (Pt. 290) 6446. See Oghor v State (1990) 3 NWLR (Pt. 139) 484; 7. Thomas v. State (1994) 4 NWLR (Pt. 337) 129
STATUTES REFERRED TO
None. ?
