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ANOU INYAMA V. THE STATE

(1972) JELR 48126 (SC)

Supreme Court  •  SC.307/71  •  17 Mar 1972  •  Nigeria

Coram
GEORGE B. A. COKER JSC; CHARLES OLUSOJI MADARIKAN JSC; ATANDA FATAYI-WILLIAMS JSC; JSC;

Judgement

MADARIKAN, J.S.C. (Delivering the Leading Judgment): Reasons are now given for dismissing this appeal at the hearing on the 6th of January, 1972.

The accused was convicted on the 12th of August, 1971, for the murder of his mother, Okpukulu Inyama, by Ogbobine, J., in the High Court, Ugheli ,(Mid-West State).

The facts relied upon by the prosecution were concisely as follows. The accused and his wife, Amekene Igwuoku (P.W.2), had lived happily together for about two years, and it would seem that during the third year of their marriage, he discovered that he could no longer have sexual intercourse with her. She told him that it was the deceased who had bewitched him and made him to become impotent. The testimony of P.W. 2 in this regard was that she had been a witch from her childhood and that she was present at a meeting of witches when

"The deceased contributed her son, the accused. The deceased brought the accused to our meeting and said that she would make it impossible for him to h…

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