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MONDAY AKPAN MATTHEW VS THE STATE

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MONDAY AKPAN MATTHEW VS THE STATE

Legalpedia 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



CLICK HERE TO READ FULL JUDGMENT

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