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ANYA IROKWE & THE STATE

(1982) JELR 40778 (SC)

Supreme Court  •  SC.46/1980  •  13 May 1982  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; AUGUSTINE NNAMANI JSC;

Appearances
Chief O. O. Jibowu For Appellant Mr. J. C. Njoku, Director of Public Prosecutions, Imo State For Respondent

Judgement

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): This appeal clearly lacks merit. The appellant who had loaned his close relation, the deceased, his motorcycle for a return trip to Uyo from Aba took offence when the latter told him that the seat cover had got lost. All pleas by the deceased to buy a replacement fell on deaf ears. He insisted on the lost one being produced and none other. As the argument over the seat cover continued, the head of their two families came from Port Harcourt and the appellant left the deceased to tell the head of the family that he had been waiting for him. The head of the family in an effort to pacify the appellant asked him to come into the house and tell him what the argument was all about. The appellant declined the invitation and as the deceased was about moving away, he ran after him and stabbed him with a dagger he was holding. The deceased died from the stabbing.The attack was clearly unprovoked and premeditated and the trial court so foun…

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