Legalpedia Citation: (2013-02) Legalpedia (SC) 17103
In the Supreme Court of Nigeria
Fri Feb 1, 2013
Suit Number: SC.232/2010
CORAM
PARTIES
SUNDAY NJOKWU APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the judgment of the Court of Appeal, Benin Division in which the court dismissed the appeal of the appellant against his conviction and sentence to death for the offence of murder by the Delta State High Court Issele-Ukwu Judicial Division. The Appellant murdered one Bartholomew Ivo because he was alleged to have thrown charms at the Appellant with a curse that the Appellant’s two sons will die. The following night the two year old son of the Appellant died mysteriously and when taunted by the deceased, the Appellant struck him on his head and stomach.
HELD
Appeal Dismissed
ISSUES
1. Whether on the totality of evidence adduced, the learned Justices were right in holding that prosecution proved the case beyond reasonable doubt.Whether the defense of provocation availed the Appellant on the facts and circumstances of this case?
RATIONES DECIDENDI
DEFENCE OF PROVOCATION – WHEN A DEFENCE OF PROVOCATION IS RAISED BY AN ACCUSED PERSON
“When a defence of provocation is raised by an accused person, he must, of necessity admit the commission of the offence charged in the first place before going on to explain the circumstances in which it was committed and contending that due to the circumstances surrounding the commission of the offence of murder, the offence be reduced from murder to manslaughter.” Per Walter Samuel Nkanu Onnoghen
MURDER – WHEN IS MURDER COMMITTED
“It is settled law that an offence of murder is committed when a person unlawfully kills another under any of the following circumstances, to wit:
(i) If the offender intends to cause the death of the person killed or that of some other persons
(ii) If the offender intends to do to the person killed or to some other person some grievous harm
(iii) If death is caused by means of an act done in the prosecution of an unlawful purpose, which act is such as to be likely to endager human life
(iv) if the offender intends to do grievous harm to some persons for the purpose of facilitating the commission of an offence which is such that the offender may be arrested without warrant or for the purpose of facilitating the flight of an offence;
(v) If death is caused by administering any stupefying or overpowering thing for either of the purposes last aforesaid;
(vi) If death is caused by willfully stopping the breath of any person for either of such purposes.” Per Walter Samuel Nkanu Onnoghen
DEFENCE OF PROVOCATION – STATUS
“I have to make haste to comment that a defense of provocation is not a complete defense to a charge of murder as its being upheld would not result in the discharge and acquittal of the accused but in a reduction of the offence charged from murder to manslaughter.” Per Walter Samuel Nkanu Onnoghen
CASES CITED
Sule vs. State (2009) all FWLR (pt. 481) 809 at 825-826Okoro vs. State (1988) 12S.C (pt.2) 83 at 89Ahmed vs. State (2002) FWLR (pt. 90) 1350 at 1372Princewill vs. State (1994) 7-8 S.CNJ (pt.2) 226 at 235Uguru vs state (2002) FWLR (pt.103) 330 at 347Onyenankeya vs. State (1964) NMLR 34 at 36Agbo vs. State (2006) ALL FWLR (pt. 309) 380 at 1399Archibong vs. State (2006) all fwlr (pt. 323) 1747 at 1783-1784Igabele vs state (2006) 6nwlr (pt. 975) 100Mohammed vs state (2007) 11 nwlr (pt. 1045) 3030R vs. Skyes (1913) 8 car 233Ntaha vs the state (1972) 4 s.c 1Yesufu vs the state (1976) 6 .c 167Ikemson vs the state (1989) 3 NWLR (pt. 110) 445Opayemi vs. State (1985) 2 NWLR (pt.5) 101
STATUTES REFERRED TO
Criminal Code, Cap.48 Vol ii, Laws of Bendel State