This is a murder appeal, the victim of the murder being the full brother (senior) of the appellant. The evidence is that the appellant stabbed the deceased Samson Oamhen in the full view of P.W.1 and others and the deceased died from the injuries within one hour of the assault.

At the trial before Aluyi, J. of the High Court of Bendel State, the defences of denial, self defence and provocation were raised. These were fully considered and rejected. P.W.1 was an eye witness whose evidence was crucial. He was believed. He saw the appellant armed with a dagger stab the deceased on the neck and chest. He went to the aid of the deceased and in the process he also received stab wounds inflicted by the appellant on his thigh. His courage did not fail him and he succeeded in disarming the appellant, wrested the dagger from him and made for the police station where he lodged his complaint and handed over the dagger.

The absence of medical evidence was not by design. The doctor who performed the post mortem examination, an expatriate, had left the service of Bendel State Health Management Board and could not be secured to testify. However, the evidence that the deceased was rushed to Zuma Memorial Hospital as a result of the injuries was on record. That he died within an hour of the infliction of the injuries was evidence on record. The learned trial judge and the Justices of the Court of Appeal in law considered all these and justifiably, in law, held that the cause of death was the act of the appellant which caused the injuries from which the life essence - blood oozed out and terminated the life of the deceased. Medical evidence in this case is not an absolute necessity.

The learned trial judge as well as the Justices of the Court of Appeal considered the defences of self defence and provocation and justifiably, in my view, rejected them. The statement of the appellant to the police did not suggest them. Neither did the evidence of the appellant in court. Indeed, the contention of the appellant appeared to be that the injuries were self inflicted although the premises was that the deceased brought out the dagger to stab the appellant for requesting financial aid to him and his mother.