n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Olowosago & Ors.Olowofoyeku V. State (1984) CLR 5(a) (SC)

Judgement delivered on on May 24th 1984

Brief

  • Murder
  • Sentence
  • Compliance with statutory requirements of sentencing

Facts

This is a case of premeditated murder. The appellant inflicted several cuts with a matchet on his wife and she died on the spot. He committed this savage act because the wife had instituted divorce proceedings against him and had refused to refund N40 he had given to her for reconciliation. The only point taken in the Court of Appeal was that the trial Judge did not pass the sentence of death in the terms of section 367(2) of the Criminal Procedure Act. Exercising its power under section 20(3) of the Court of Appeal Act, the Court of Appeal complied with the section and dismissed his appeal.

Issues

Can a conviction be quashed simply because the sentence was not...

Read More