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|