CaseLaw
Oladimeji V. State (1998) 10(m) (CA)
Brief
Facts
The appellant was charged with the murder of one Adeniyi Adisa on the 26th of November, 1989, contrary to and punishable under section 319 of the Criminal Code Cap. 30 Vol. II Laws of Oyo State of Nigeria. The case for the prosecution, as told by the eye witness who saw the deceased and the appellant fighting, was that, on the day of the incident he tried to separate them, and when he could not he sought the help of one Adeyemi Adeshiyan. He had seen the appellant hitting the deceased with an iron bar. On coming back with the said Mr. Adeshiyan, he saw the deceased in a pool of blood with cuts on his head and blood gushing out from there. He accompanied the landlord who conveyed the decease to the hospital and remained there until he was pronounced dead by the doctor. The appellant on the other had raised self-defense which was rejected by the learned trial Judge who in his judgment inter alia said:
“The defense counsel contended that the accused was acting in self defense because of the stature and power of the deceased. Hence he was swinging Exhibit ‘E’. Having found already as a fact that the accused person was responsible for the injuries caused the deceased. I reject the contention of the defense that the accused had no intent to cause the injury and consequently the death of the deceased. I uphold the submission by learned counsel for the prosecution that a person holding Exhibit ‘E’ and using it to strike any person, intends any injury that might be caused. Especially in respect of the scuffle between the deceased and the accused that was on for over one hour”.
Consequently the learned trial Judge found the appellant guilty as charged and convicted him. Unhappy with the decision he appealed.