Chief P. Eruola Chimor -for the Appellant M.M. Ayinla, Esq -for the Respondent.
July 9, 2025MRS HAWA GANKON v. UGOCHUKWU CHEMICAL INDUSTRIES LTD.
July 9, 2025Legalpedia Citation: (1993-06) Legalpedia 78613 (CA)
In the Court of Appeal
Holden At Abuja
Fri Jun 25, 1993
Suit Number: SC 149/1991
CORAM
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
S. KAWU JUSTICE, SUPREME COURT
U. OMO JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
E.O. OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
MADUABUCHI GEORGE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW— MURDER- DEFENCE OF INSANITY, PROVOCATION— APPEAL
SUMMARY OF FACTS
The appellant was charged with murder of the deceased and found guilty by the trial court and sentenced to death by hanging, on appeal to the Court of Appeal, the appeal was dismissed. He now appealed to the Supreme Court being dissatisfied with the judgment of the court below.
HELD
The court held that the appeal fails. It is hereby dismissed. It upheld the conviction and sentence of the trial court and confirmed the judgment of the court below.
ISSUES
The failure of the Court of Appeal to consider the totality of the evidence before their Lordships and failure to make specific findings on the evidence adduced by the prosecution witnesses relating to the appellant.
RATIONES DECIDENDI
THE MURDER WEAPON MUST BE TAKEN INTO CONSIDERATION
The instrument or weapon used by the appellant in effecting the murder must be taken into consideration.
CASES CITED
STATUTES REFERRED TO
