JOSHUA ALAO VS GBADAMOSI AKANO
July 18, 2025NWOYE IGWEZE ONYEKWE VS THE STATE
July 18, 2025Legalpedia Citation: (1988-02) Legalpedia (SC) 17055
In the Supreme Court of Nigeria
Fri Feb 26, 1988
Suit Number: SC. 113/1987
CORAM
AGBAJE JUSTICE, SUPREME COURT
AKPATA JUSTICE, SUPREME COURT
PARTIES
NWANGA NWUZOKE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-MURDER-SELF DEFENCE
SUMMARY OF FACTS
The appellant sought an order of court discharging and acquitting him of the offence of murder relying on the defence of self defence.
HELD
The court held that based on the evidence before it there was nothing to show that the accused /appellant was acting in self defence and as such upheld and affirmed the conviction and sentence of death passed on the accused/appellant
ISSUES
Not Available
RATIONES DECIDENDI
NEED FOR A TRIAL JUDGE TO LOOK AT EVERY DEFENCE PRESENTED TO IT
It is trite law and needs no argument that when a defence however weak, however foolish, however unfounded , however conflicting, is raised by a person charged with crime, that defence should fairly and impartially be put to the jury- C.A.OPUTA,JSC
DEFENCES MUST BE SUPPORTED BY EVIDENCE
It is also necessary to emphasises that there is no obligation on any Court to go a fishing for defences not borne out by the evidence. There must be evidence to support any expressly pleaded and therefore explicit defence as well as any implicit or inherent defence. A story that was not believed by trial Court cannot form the basis of an explicit or implicit defence.- C.A.OPUTA,JSC
CASES CITED
1. law R v. Kwabena Bio (1945) 11 WACA 46 at p.46 at p.48
2. R. v. Dinnick (1909) 3 CR. App. R. 77 at p.79.
3. R. v. Vassileva (1911) 11 6 CR. App. R. 228 at 234
4. R. v. Williams Hopper (1915) 11 6 CR. App. R. 136 at p.141
5. R. V. Mancini v.D.PP. (1941) 28 CR App.R.65 at p.72
STATUTES REFERRED TO
1. Criminal Code Cap 30 of 1963 Laws of Eastern Nigeria
