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ITESHI ONWE VS THE STATE

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ITESHI ONWE VS THE STATE

Legalpedia Citation: (1975) Legalpedia (SC) 61117

In the Supreme Court of Nigeria

Fri Nov 14, 1975

Suit Number: SC. 380/1974

CORAM


ANTHONY N. ANIALOGU, JUSTICE, SUPREME COURT

OGUNDARE, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT


PARTIES


ITESHI ONWE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was accused of murder and was convicted and sentenced to death.


HELD


The Supreme Court allowed the appeal, set aside the conviction of the appellant, and ordered that he should be acquitted and discharged based on the fact that the accused acted in self-defence.


ISSUES


Whether the trial judge should have convicted the accuse in the absence of any evidence


RATIONES DECIDENDI


SELF DEFENCE


“It is open to any person assaulted to defend himself.” Per FATAYI-WILLIAMS, JSC.


CASES CITED


Udo Udo Obot v. The Queen 14 WACA 352


STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

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