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PETER JOHNNY LOKE V. THE STATE

(1985) JELR 42553 (SC)

Supreme Court  •  SC.85/1984  •  4 Jan 1985  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; DAHUNSI OLUGBEMI COKER JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

D. O. COKER, J.S.C (Delivering the Leading Judgment): The appellant, Peter Johnny Loke, was charged with and convicted of the murder of one Kaine Dike (m) on the 3rd day of May, 1978 at Anigbe Farm, in Kwale Division of Bendel State, and sentenced to death. That he killed the deceased was admitted and not disputed. The crux of the appeal is concerned with whether the trial Court properly considered relevant evidence relating to the defence of insanity before it, and whether the Court of appeal which dismissed the appeal, and affirmed his conviction, was right in its judgment that there was no evidence on which the defence could be founded.

The facts of the case may be summarised as follows- The appellant, who described himself as an apprentice tailor, was working in Lagos as a messenger, until sometime in August 1977 when he was brought back to Umukwala because he was sick. A relation named Uzor with whom he lived in Lagos and through whom he secured employment, brought him home sickā€¦

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