SUNDAY UBOM & ORS VS THE STATE
August 16, 2025MANDE ALI VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 17111
In the Supreme Court of Nigeria
Fri Oct 27, 1972
Suit Number: SC. 80/1972
CORAM
ELIAS JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
MONDAY AKPAN MATTHEW APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was seen attacking his wife with a matchet. When her corpse was discovered he was missing. He was later arrested at Oron.
HELD
The court held that the appellants story about his movement on that fateful day were that of a confused and desperate person.
ISSUES
Whether the denial of the appellant or his story as to his movement on that fateful day without more were enough to set aside his conviction
RATIONES DECIDENDI
CIRCUMSTANCES WHERE A DEFENCE OF ALIBI CANNOT AVAIL AN ACCUSED CHARGED WITH MURDER
Every case must rest upon its own facts and in this case there is no redeeming feature in the savage and brutal attack on the deceased by the appellant so we are of the view that the appellant was rightly convicted of murder”. Per FATAYI- WILLIAMS, J.S.C.
CASES CITED
STATUTES REFERRED TO