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GRACE BOMS V. THE STATE

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GRACE BOMS V. THE STATE

Legalpedia Citation: (1971) Legalpedia (SC) 15765

In the Supreme Court of Nigeria

Fri Dec 10, 1971

Suit Number: SC 233/1971

CORAM


COKER, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT

SOWEMIMO, JUSTICE, SUPREME COURT


PARTIES


GRACE BOMS APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant, during an altercation with her adopted son stabbed him to death. She was charged with murder, convicted and sentenced to death in the trial court.


HELD


The Court allowed the appeal, quashed the conviction and the sentence and consequently ordered for a retrial before another judge.


ISSUES


Whether the learned trial judge erred in law in holding that the plea of self-defence was not made out.


RATIONES DECIDENDI


THE DEFENCE OF SELF-DEFENCE


An accused person who raises the defence of self-defence is entitled to have that defence considered fully and adequately by the court. Per Madarikan, JSC


CASES CITED



STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

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