OGAHILE AKPAGUE & ANOR V. NDUOKU OGU & ORS
August 7, 2025CHIEF DANIEL ALLISON IBULUYA V. TOM BENEBO DIKIBO
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 12798
In the Supreme Court of Nigeria
Thu Jun 10, 1976
Suit Number: SC. 443/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
JACOB OLORUNMEYITOKU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and the deceased were camped at a site. A fight ensued between them and they were separated only for the appellant to suddenly turn back, pick an axe handle and hit the deceased on the head.
HELD
The court held that the evidence against the appellant was overwhelming leaving no reasonable doubt as to the guilt of the accused.
ISSUES
Whether the plea of provocation was available to the accused.
RATIONES DECIDENDI
INTENTION TO CAUSE GREVIOUS HARM
A person intends the natural and probable consequence of his act” PER BELLO JSC
INTENTION TO CAUSE GREVIOUS HARM
“By striking a person with an object with such a force as to produce harmful results, it is reasonable to infer intention to cause grievous harm” PER BELLO JSC.
CASES CITED
CHUN-CHUEN V. THE QUEEN (1962) 3 WLR 1461
STATUTES REFERRED TO
CRIMINAL CODE
