CaseLaw
Sugh V. State (1988) CLR 5(b) (SC)
Judgement delivered on May 13th, 1988
Brief
Facts
The appellant at the time of the incident was an engineer serving under Benue State Water Corporation, Makurdi. He befriended a lady by name Lourdes Paugilinan Orig, a Phillipino citizen, who was a teacher at Tilley-Gyado College, Makurdi. She was P.W.3 at the trial. P.W.3 was also befriended by Robert William Carr, the expartriate General Manager of Gyado Fruit Co, (Nig.) Ltd., Makurdi, now deceased. Both the appellant and the deceased are married but none of them was living with his wife at the time of the incident. P.W.3 was co-habiting with the appellant in Makurdi. She is also married but left her husband in the Phillipines while coming to Nigeria.
On 7th October, 1984 the appellant, in company of P.W.3 went to the deceased’s house in an attempt to resolve the issue as to who between the two of them, P.W.3 would exclusively follow. Neither the appellant nor the deceased was prepared to compromise.
Then on 17th October, 1984, P.W.3 went to visit the deceased in his office. The deceased invited her to his house. The deceased and P.W.3 joined the company’s bus No. BN 6937 NA being driven at the time by P.W.4. With them in the Bus were P.W.1 and P.W. 5. They were forced to stop by the appellant who was then driving in his Volvo car No.BN 5 E. No sooner had they stopped that the appellant emerged from the Volvo car carrying a cutlass and attacked the deceased on the neck below the jaw on the left side. The appellant then dragged P.W.3 out of the bus, put her in his car and drove away. The deceased was rushed to the General Hospital, Makurdi, where he was certified dead.
The appellant was charged with causing the death of the deceased by “stabbing” him with a cutlass, tried and convicted.
His appeal failed and he appealed further to the Supreme Court.