1973-LCER-8026-SC
Other Citations
IN THE SUPREME COURT OF NIGERIA
On Monday, the 14th day of May, 1973
SC.26/1973
Before Their Lordships
GEORGE B. A. COKER….. Justice, Supreme Court
ATANDA FATAYI-WILLIAMS….. Justice, Supreme Court
AYO GABRIEL IRIKEFE….. Justice, Supreme Court
Between
DANA SHUWA
Appellant
And
THE STATE
Respondent
HELD:
The appeal is dismissed. The conviction and sentence of the appellant are affirmed
RATIO DECIDENDI
G. B. A. COKER, J.S.C.(Delivering the Lead Judgment): We are not in any doubt about the conclusions drawn by the learned trial Judge from the undisputable facts of this case. For reasons best known to the appellant, he waylaid the wife, now deceased, on a village road on 11th July, 1971, pushed aside the other women with whom she was travelling and stabbed her to death. There was no defence to the charge of culpable homicide punishable with death, although some feeble attempts were made to introduce the suggestion that the appellant had some mental affliction. This was soon abandoned and in his defence, the appellant denied any knowledge of the incidents leading to the death of his wife.
We are in agreement with the learned counsel that the evidence accepted by the learned trial Judge left no room for any doubts about the guilt of the appellant of the offence charged. The appeal is dismissed. The conviction and sentence of the appellant are affirmed.
Counsel
Appellant not represented…..For Appellant
And
Mr. E. I. Odana, A.D.P.P (Benue-Plateau State)…..For Respondent