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PIUS NWEKE V. THE STATE

(2001) JELR 47474 (SC)

Supreme Court  •  SC.85/2000  •  9 Feb 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

OGUNDARE J.S.C. (Delivering the Leading Judgment): The appellant stood trial in the High Court of Ogun State in the Ijebu-Igbo Judicial Division for the murder of his wife, Josephine Pius Nweke. Having pleaded not guilty to the charge, the prosecution called seven witnesses in proof of its case. At the close of the case for the prosecution, the defence opened its case by calling the appellant to testify. Thereafter, counsel for both the defence and the prosecution addressed the Court. In a reserved judgment, the learned trial Judge accepted the case for the prosecution and found -

1. That the prosecution had proved the death of the deceased;

2. That the corpse deposited at the State Hospital Ijebu-Ode and on which PW1, Dr. O.O. Oyekan performed a post-mortem examination was that of Josephine Pius Nweke, the late wife of the appellant;

3. That "the death of the deceased was a result of the cut that was given her in her throat";

4. That the wound that killed the deceased was not self …

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