CORAM

COKER JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT

IRIKEFE JUSTICE, SUPREME COURT

PARTIES

OGUMOLA OJO APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant engaged in a fight with one Bernadette Onwuliri his wife ( now deceased), the deceased died as a result of injuries she sustained which was inflicted on her by the Appellant. At the trial, the appellant was found guilty as charged, convicted and sentenced to death for murder of the deceased, he therefore appeal against his conviction.

HELD

The court held that, in a case of murder, a court of law is duty bound to consider all the defences raised by the accused, and it is not obliged to speculate on possible defences open to the accused person except such was raised before it, going by the evidence in this case, the conviction and sentence of the appellant for murder was proper in the circumstance.

ISSUES

It was argued by learned counsel for the appellant that a defence of insanity was raised but was not considered by the learned trial Judge as it ought to have been considered.

RATIONES DECIDENDI

DUTY OF COURT TO CONSIDER DEFENCES BROUGHT BEFORE IT

A court of law is duty bound to consider defence(s) raised by the accused be it plausible or not as long as it is fairly raised before it. PER COKER JSC

CASES CITED

STATUTES REFERRED TO

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