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LORD SAMUEL AKHIDIME V. THE STATE

(1984) JELR 42519 (SC)

Supreme Court  •  SC.34/1984.  •  13 Sep 1984  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; ANDREWS OTUTU OBASEKI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

IRIKEFE, J.S.C. (Presiding): The appellant in this case was charged with the murder of his own brother, by inflicting matchet cuts on him. The evidence shows that the offence was committed in the morning hours. The learned Judge who tried the case (Amissah J.) went carefully through the defences raised by the appellant, both real and imaginary, and arrived at the conclusion that the charge as laid had been proved. The appellant sought to disown responsibility for the offence by alleging that he had acted while he was either dreaming or in a state of unconsciousness and that in consequence thereof, he had no control over what had occurred.

As against the above, the learned Judge took cognisance of the distance between the abode of the appellant and the scene of the attack, coupled with the time of the day when the attack took place and decided, rightly in my view, that the appellant was merely trying to deceive the court. Learned counsel appearing before 35 us stated that they had noth…

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