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MATTHEW UBA V. THE STATE

(1981) JELR 41819 (SC)

Supreme Court  •  SC.12/1979  •  15 Jan 1981  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC;

Judgement

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The facts in this case are cold. The learned trial Judge in a very well written judgment dealt with extreme care with the evidence tendered by the prosecution as well as the appellant. He accepted the evidence of P.W. 1 who deposed that, after the appellant and the deceased who had been engaged in a fight had been separated, the appellant went into his store, took out a pair of scissors and used same to inflict the mortal wound on the deceased. He inflicted the said wound with considerable force. This latter piece of evidence was corroborated by the doctor, P.W.2.

The learned Judge equally rejected the testimony of the appellant, who had deposed, inter alia, that the injury on the deceased was inflicted accidentally by a pen-knife which the latter was holding while the fight was in progress. As stated above, the learned Judge examined all the possible defences open to the appellant and rightly, in my view, came to the conclusio…

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