May 26, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 42184 In the Supreme Court of Nigeria Fri Jul 3, 2009 Suit Number: SC.323/2006 CORAM FRANCIS F. TABAI, JUSTICE, SUPREME COURT PIUS […]
CORAM
FRANCIS F. TABAI, JUSTICE, SUPREME COURT
PIUS O. ADEREMI, JUSTICE, SUPREME COURT
JOHN A. FABIYI, JUSTICE, SUPREME COURT
OLUFUNLOLA O. ADEKEYE , USTICE, SUPREME COURT
PIUS O. ADEREMI, JUSTICE, SUPREME COURT
PARTIES
GAMBO MUSA APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted for the murder of the deceased, Idris. He raised a defence of provocation and self-defence. His conviction and sentence by the trial court was affirmed by the Court of Appeal. He has further appealed.
HELD
Appeal dismissed
ISSUES
NONE
RATIONES DECIDENDI
CONTRADICTION THAT WILL VITIATE A TRIAL
Contradiction, to be worthy of note, must relate to the substance and indeed the vital ingredients of the offence charged. Trivial contradiction should not vitiate a trial. Per FABIYI, JSC
WHAT WILL AMOUNT TO PROVOCATION
The utterance or action of the Deceased to the Accused must be such that would cause a reasonable person and actually caused the Accused a sudden and temporary loss of self-control, so much so that for the moment he is not a master of his mind. Per FABIYI, JSC
CASES CITED
1. Nwosu v. Broad of Customs & Excise (1988) 5 NWLR (Pt. 93) 225;
2. Nneji v. Chukwu (1996) 10 NWLR (Pt. 378) 265.
3. Ankwa v. The State (1969) All NLR 133,
4. Omisade v. Queen (1964) 1 All NLR 233
5. Sele v. The State (1993) 1 NWLR (Pt. 269) 276; (1993) 1 SCNJ 15 at 22-23.
6. R. V Duffy (1949) 1 All E.R. 8932; Mancini v. D.P.P (1942) A.C. 19.
7. R. V Blake (1942) WACA 118.
STATUTES REFERRED TO
Panel Code ?