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(2017) LPELR-42860(CA)

In The Court of Appeal of Nigeria

On Monday, the 14th day of August, 2017


Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria




THE STATE - Respondent(s)

Other Citations

; ;


This appeal borders on the Offence of Murder.
This appeal is against the judgment delivered on 23/9/2015 by the High Court of Imo State sitting in the Etiti Judicial Division.

Both the Appellant as the 1st accused person and one Beatrice Ihuoma(his mother) as the 2nd accused person, were charged with the murder of one George Okafor, contrary to Section 319(1) of the Criminal Code, Cap. 30, Vol. 2 of the Laws of Eastern Nigeria, 1963 as applicable to Imo State in the Information filed before the lower Court. George Okafor "the deceased"was the 1st accused person's Uncle and also brother-in-law to the 2nd accused person. Both accused persons pleaded not guilty to the charge preferred against them on 19/3/2012.

After evaluating the totality of the evidence adduced before it by the prosecution and the accused persons, the lower Court found the prosecution not to have proved its case beyond reasonable doubt against the 2nd accused person, and consequently "discharged and acquitted" her; but having found the prosecution to have proved its case beyond reasonable doubt against the Appellant, the said Court in its judgment, found him guilty of the offence of murder as charged and duly sentenced him to death by hanging as stipulated by the enactment under which he was charged and prosecuted.

Miffed by the said judgment Appellant lodged this appeal.

The appeal was decided on the Respondent's sole issue viz:

"Whether having regard to the totality of evidence led at the trial of this case by both the prosecution and the defence can it be said that the Appellant is entitled to the defence of provocation to the extent that his conviction for murder can be reduced to manslaughter?"

The appeal was dismissed for lack of merit. The conviction and sentence of the Appellant for the offence of murder was affirmed.

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