CaseLaw
Orisakwe V. State (2004) CLR 5(a) (SC)
Judgement delivered on May 28th 2004
Brief
Facts
The Appellant was arraigned and convicted for the murder of one Sylvanus Agbarakwe. He was convicted by the trial Court. His appeal to the Court of Appeal was dismissed. He further appealed to the Supreme Court.
The prosecution’s case against the Appellant, was that the Appellant attacked and stabbed the deceased with a knife on the chest. The deceased later died in the Hospital. Subsequently, the appellant reported himself to the Police whereupon he was arreated and taken to Nwaorieubi Police Station. There, he made a voluntary statement and he made two further statements under caution.
Appellant, in his defence raised the defences of provocation and self defence. The court rejected both. He also sought to show evidence that he was below the age of 18 years at the time of the commission of the offence.
The case was adjourned for address. It was in the period that the prosecution challenged the authenticity of the birth certificate shown in evidence by the appellant. The trial Court eventually expunged the medical report tendered by the defence from the record.
The trial Judge found the Appellant guilty of murder. The trial Court's judgment was confirmed by the Court of Appeal. The Appellant further appealed to the Supreme Court.