CaseLaw
Owhoruke V. C.O.P (2015) CLR 6(a) (SC)
Judgement delivered on June 26th 2015
Brief
Facts
Augustine Eveh (deceased) and PW2, Joel Eriewe were outside the E.T.O. Bar at Uroto Quarters, Oleh, in Delta State at about 8.p.m. on the 4th of November, 2004. The Appellant was inside the Bar having a drink. There was an altercation outside the Bar between a man called Uzezi and Joel Eriewe over a girl who goes by the name Blessing. The Appellant was attracted to the scene and was able to restrain Joel Eriewe and Uzezi from fighting. The Appellant thereafter returned to the Bar to resume drinking. The deceased came into the bar and snatched the Appellant s bottle of drink and broke it. He held on to a piece of the broken bottle and threatened the Appellant with it. A struggle ensued. The Appellant overpowered the deceased and stabbed him with the broken bottle on his neck. He died before he could get to the Hospital. The medical Doctor who performed the postmortem examination on Augustine Eveh said on oath that the stab wounds were on the left side of the neck, and that the major blood vessels, carotid arteries and jugular veins were cut into two. He concluded that the wound was not self inflicted. The Appellant admits that he stabbed the deceased, and that act of his resulted in his death, but that the death was not intentional.
The learned trial judge reviewed evidence led in detail, examined the defences of self defence, provocation and accident and rejected all of them in these words.
“I totally reject the defence of the accused. I hold that this case was proved beyond reasonable doubt against the accused. ………………..I find the accused guilty as charged and convicted (sic) accordingly for the offence of murder punishable under section 319 (1) of the Criminal Code Cap 48, Vol. ii. Laws of the defunct Bendel State 1976 as applicable in Delta State………”
The Appellant lodged an appeal. The Court of Appeal Benin Division affirmed the judgment of the trial High Court. The Court concluded thus:
Issues
Whether the learned justices of the Court of Appeal were right in upholding the...