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UFOT MKPA ALIAS MBOSO MKPA V. THE STATE

(1981) JELR 40979 (SC)

Supreme Court  •  SC.43/1978  •  18 Jun 1981  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC;

Appearances
V.C.O Achikeh, Deputy Director, Legal Aid Council For Appellant Mrs. E.B. Otu, D.P.P., Cross-River State For Respondent

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is a case in which the appellant cut off the head of his mother and she died instantly. No defence whatsoever was put forward by the appellant for committing the offence. Both counsel for appellant and respondent have stated that they have nothing whatsoever, after perusing the record of proceedings, to urge in favour of this appeal. I, perusing the record myself am in complete agreement with both counsel.

The appeal lacks any merit and it is accordingly dismissed. A conviction and sentence of death pronounced by the High Court and confirmed by the Federal Court of Appeal is hereby affirmed

A. G. IRIKEFE, J.S.C.: This is a second and final appeal. The appeal of the appellant had been dismissed by the Court of Appeal. This appellant decapitated his mother while, according to him, she was asleep. The learned trial Judge dealt most carefully with the evidence and examined all possible defences available to the appellant. Havi…

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