CORAM
PARTIES
APPELLANTS
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – CONFESSION-EVIDENCE-PROVOCATION
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant made two statements to the police one of which raises the issue that he killed the deceased because he was provoked.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the trial court should have considered the two statements to determine whether provocation avail the appellant and accordingly reduced the sentence to manslaughter.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether from the facts and circumstances of the case provocation was alleged by the appellant and if yes, whether the failure of the High Court to consider the appellant’s defence of provocation occasioned miscarriage of justice.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
ASSESSMENT OF CONFESSIONAL STATEMENT.
‘The whole of the account which a party gives of a transaction must be taken together; and his admission of a fact disadvantageous to himself shall not be received, without receiving at the same time his contemporaneous assertion of a fact favourable to him,.’ Per Brett, AG. C.J.F
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
R. v. Philip Kanu and anor. 14 W.A. C.A. 30
R. v. Sapele and anor. 2 F.S.C. 24; [1957] SCNLR 307
STATUTES REFERRED TO
Not Available