CORAM

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COKER JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT

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PARTIES

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RICHARD GBEHE APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Accused and a Police Mobile constable, Humphrey Bulgwara engaged in a scuffle with one Francis Odiah, now deceased. And the accused was later saw rising up his riffle and held the riffle by the muzzle and hit Francis Odiah on the head. The constable fell backwards on the ground.

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HELD

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There was no evidence in this case about the appellant being provoked

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ISSUES

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Whether the learned trial Judge wrongly concluded that provocation was not established and that the Western State Court of Appeal wrongly affirmed his judgment

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RATIONES DECIDENDI

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SPECULATION OF JUDGE IN MATTERS WHERE NO EVIDENCE IS GIVEN

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In a case of murder the trial judge was entitled to speculate with respect to matters on which there was no evidence before him. That in our view was the only basis on which he had proceeded to consider a defence of provocation. -Per George B. A. Coker, JSC<foo< p=””></foo<>

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SPECULATION OF JUDGE IN MATTERS WHERE NO EVIDENCE IS GIVEN

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In a case of murder the trial judge was entitled to speculate with respect to matters on which there was no evidence before him. That in our view was the only basis on which he had proceeded to consider a defence of provocation. -Per George B. A. Coker, JSC

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CASES CITED

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STATUTES REFERRED TO

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