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STANLEY EJIONWU VS THE STATE

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STANLEY EJIONWU VS THE STATE

Legalpedia Citation: (1995) Legalpedia (SC) 31317

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu Apr 6, 1995

Suit Number: SC. 210/1992

CORAM


M.L. UWAIS

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

U. MOHAMMED


PARTIES


STANLEY EJIONWU APPELLANTS


THE STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

In the High Court of Rivers State holden at Port Harcourt the appellant pleaded not guilty to the following charge of Murder, contrary to Section 319 of the Criminal Code and the Particulars of Offence was that appellant on the 29th day of September, 1980 at Rumuolumeni Village in the Port Harcourt Judicial Division murdered Goodlife Obasi Ejionwu


HELD


That the defence of provocation and or self-defence, on the facts do not avail the appellant


ISSUES


Whether in the circumstances of this case and the evidence before the court, the learned trial Judge was right in convicting the appellant of the offence of murder. Whether or not the defence of provocation availed the appellant taking into consideration the totality of evidence adduced at the trial.


RATIONES DECIDENDI


CASES CITED


Fatoyinbo & Ors v. Williams (1956) SCNLR 274; (1956) 1 FSC 87|Board of Customs & Excise v. Barau (1982) 1O S.C. 48 at 116


STATUTES REFERRED TO


NONE|


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