AGANMONYI V. A-G. BENDEL STATE

• Pages: 30-41

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NIGERIAN SUPREME COURT CASES [1987] 1 N.S.C.C.

The cross-appeal was rightly and wisely abandoned by the learned Senior Advo-

cate appearing for the respondent.

KAZEEM, J.S.C.: I have had the privilege of reading the draft of the Reasons

for Judgment just delivered by my learned brother Uwais, J.S.C. and I am satisfied

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that it conveys the reasons why both the appeal and the cross-appeal were

dismissed by this Court on 20th October, 1986. I therefore have nothing more to

add. Consequently, I also endorse the Order that the Respondents should release

the defective Khoehring Crane No. T.788 to the Appellants.

Appeal dismissed.

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AGANMONYI V. A-G. BENDEL STATE

15

DAVID AGANMWONYI

APPELLANT

V

A-G. OF BENDEL STATE

RESPONDENT

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SUIT NO. SC 12

7

/

1

985

SUPREME COURT OF NIGERIA

OBASEKI,

J.S.C.

ESO,

J.S.C.

NNAMANI,

J.S.C.

25

UWAIS,

J.S.C.

KAZEEM,

J.S.C.

16th January, 1987

Criminal Law and Procedure - Murder - Defence of Provocation - Defence of

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Insanity - Self defence - Joinder of offences in one information - Murder

and unlawful wounding - Criminal Procedure Law, Laws of Bendel State of

Nigeria, 1976 Chapter 49, sections 156, 157, 158, 310 - 325, 326, 339, 340(2)

and 340(3) - Criminal Code, Laws of Bendel State 1974 chapter 48 Sections

27, 28, 284, 286 and 319(1) - Whether proper.

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ISSUES:

1.

Where an accused person has been committed to trial from a Magistrate Court

pursuant to Section 326 of the Criminal Procedure Law, Bendel State is there

still a requirement to file an information and obtain the consent of a High Court

40

Judge.

2a. Whether it is proper to join two counts of an offence on one information, when

one of them alleges murder, (Section 156 of the Criminal Procedure Law of

Bendel State).

2b.Whether such misjoinder of offences will necessarily render the trial a nullity.

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3.

What are the principles of law governing the defence of provocation to a charge

of murder?

4.

Where an accused person raises a defence of self-defence, is his belief that

his life was in danger and that he had to kill to preserve it a subjective or objective

test.

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5.

Whether the Supreme Court will always review two concurrent findings of facts

by the lower Courts merely because an appellant complains of conflicts,

contradictions and inconsistencies in the evidence of prosecution witnesses.