THE OLUJEBU OF IJEBU VS OSO, THE ELEDA OF EDA
August 20, 2025UGWE UKOHA & ORS VS GOLDEN OKORONKWO
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 01161
In the Supreme Court of Nigeria
Fri May 12, 1972
Suit Number: SC. 333/77
CORAM
OPUTA
NIKI TOBI) JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
YESUFU SOKOTO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused was charged with murder, was convicted and sentenced accordingly.
HELD
The Court set aside the conviction of the appellant for murder, and we substitute a conviction for manslaughter contrary to Section 317 of the Criminal Code and punishable under Section 325 of the Criminal Code.
ISSUES
Whether the learned trial Judge misdirected the Jury in law when he said “You may not substitute a separate defence for the accused other than the one he put forward. The accused person did not put across any defence of self-defence or provocation or insanity” when in fact there was evidence as to self-defence or provocation of which the jury might make a finding.
Whether the learned trial Judge misdirected the Jury in law when he said “You should only find the accused person guilty of manslaughter if you find that he unlawfully killed the deceased without any intention on his part to kill or cause him or any other person grievous harm” when in law there was the issue of provocation to be considered.
RATIONES DECIDENDI
EFFECT OF JUDGE EXCLUDING A CONSIDERATION OF THE POSSIBLE DEFENCE OF PROVOCATION IN HIS SUMMING-UP TO THE JURY.
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PLEA OF SELF DEFENCE
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CASES CITED
Mancini v. D.P.P. (1942) AC 1. p. 7
STATUTES REFERRED TO
Criminal Code
