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CaseLaw

Nwuoke Vs. State (1988) CLR 2(j) (SC)

Judgement delivered on February 26th, 1988

Brief

  • Murder
  • Self defence
  • Defence of property right

Facts

A case of unlawful killing was on 12/7/79 reported to the P.W.1, Corporal Hyacinth Mbam of the Abakaliki Police station. He visited the scene of crime in the compound of the Appellant where he found the deceased in a pool of blood with several matchet cuts. There was no dispute about who killed the deceased as the Appellant himself true to peculiar Abakailiki style went himself to the police station and reported that he killed the deceased. Following this report corporal Mbam, P.W.1 arrested the Appellant, charged him with the offence of murder, cautioned him and then volunteered a statement which was tendered as EX.A.

The next important revealing feature of the evidence was that the deceased dead body was found in the compound of the Appellant. How did it get there? It is there that the evidence of P.W.5, Odoma Orokugo and Nwehony Orota (P.W.6) the two wives of the deceased becomes relevant. Both testified that two brothers of the Appellant, Nwite Nwuzu and Iteshi Okuta came to their house in the late evening of 11/7/79 and invited the deceased for a drink. The deceased left with them. It was then night. The deceased did not return that night. The following day the two wives went to the compound of the Appellant where they found the lifeless body of the deceased with several matchet cut wounds.

How deep were those wounds and what amount of force will be needed to produce them? The answer to the above question came from Dr. Michael Okoyeocha called as P.W.2. He performed the post mortem examination and found as follows:-

Had a deep cut at the anterior aspect of the left shoulder which almost almost the left hand from the body; There was another deep cut at the back of the neck;

There were other multiple cuts.

Issues

  • 1.
    Must a court consider all possible defence of an accused person....
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