NWACHINEMELU IKEMEFUNA OKONKWO VS MRS LUCY UDEGBUNAM OKAGBUE & ORS
July 4, 2025THE STATE VS DR. COMAS IKECHUKWU OKECHUKWU
July 4, 2025Legalpedia Citation: (1994-12) Legalpedia 16991 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Dec 16, 1994
Suit Number: SC 105/1992
CORAM
UWAIS JUSTICE, SUPREME COURT
WALI, JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
U. MOHAMMED JUSTICE, SUPREME COURT
Y.O. ADIO JUSTICE, SUPREME COURT
PARTIES
INYANG ETIM AKPAN
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CONVICTION ON MURDER
SUMMARY OF FACTS
The appellant was charged with the murder of one Enefiok Mbom Edet. The learned trial Judge gave consideration to the evidence before him and the submissions of the learned counsel for the parties. He found the appellant guilty of the charge. He was convicted and sentenced to death. Dissatisfied with the judgment, the appellant lodged an appeal to the Court of Appeal. The Court of Appeal dismissed the appellant’s appeal. He appeal further appealed to the Supreme Court.
HELD
The appeal lacked merit and did not succeed. The conviction and sentence of death passed on the appellant by the court below were affirmed.
ISSUES
1. Whether there has been a want of fair trial.
2. Whether the Court of Appeal was justified in upholding the decision of the trial court that the defense of self-defense did not avail the appellant.
3. Whether the Court of Appeal, was justified in upholding the decision of the trial court that the defense of provocation had also failed
RATIONES DECIDENDI
PRIORITY OF PROVING THE OFFENCE BEYOND REASONABLE
“It is after the burden of proving the ingredients of the offence beyond reasonable doubt has been discharged that the question whether the accused has a defense and, if so, the nature and proof of such defense can arise and be considered.” Per ADIO, J.S.C
DUTY OF THE APPELLATE COURT
“An appellate court has a duty to exclude inadmissible evidence wrongly admitted and to deal with the case on the basis of the remaining legally admitted evidence.” Per ADIO, J.S.C
ACCEPTABILITY OF SELF DEFENSE
“When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defense against the assault.” Per ADIO, J.S.C
CASES CITED
Avanwale v. Atanda (1988) 1 NWLR (Pt.68) 22
STATUTES REFERRED TO
