ENITAN & ORS. V. THE STATE

• Pages: 777-786

ENITAN & ORS. V. THE STATE

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777

Exhibit Al was treated as a confession and the P.W.6 took the appellant and

Exhibit Al to his superior officer. Before him (the superior officer) the appellant

confirmed that he made Exhibit Al voluntarily. The superior officer, A.S.P. Da-

gundure, then endorsed Exhibit Al. The appellant's evidence in court conflicted

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with his statement Exhibit Al. The learned trial judge looking at the totality of the

evidence disbelieved the appellant's concoction of an attack by the deceased and

her mother. If one removes that evidence, there is absolutely no foundation on

which to base the defences of either self-defence or provocation. Since that was

the only issue before the court, the trial court (having rejected the evidence tend-

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ing to support the two defences) was quite right in finding the appellant guilty of

murder and in sentencing him to death. The Court of Appeal was also right in up-

holding the conviction and sentence of the trial court.

In this court, the only issue urged is the observations the trial court made at p.36

of the record. Reading the judgment as a whole, there is no doubt that the learned

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trial judge at page 40 lines 13-15, page 41 line 7 and p.42 lines 30-35 emphati-

cally disbelieved the story of the appellant of the alleged attack by the deceased

and her mother on him and definitely found that there was neither provocation nor

any necessity for self-defence. On the evidence the trial court was right to have

so found. This appeal is devoid of any merit. The appellant had no excuse for the

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brutal murder of his wife. His appeal ought to be dismissed and I hereby dismiss

same. The judgment of the court below is affirmed as well as the conviction and

sentence of the trial court.

Appeal dismissed.

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ENITAN & ORS. V. THE STATE

30

AKANBI ENITAN & 2 ORS

V

THE STATE

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SUPREME COURT OF NIGERIA

OBASEKI,

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J.S.C.

APPELLANTS

RESPONDENT

SUIT NO. SC 122/1985

ANIAGOLU,

NNAMANI,

KAZEEM,

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OPUTA,

6th June, 1986

J.S.C.

J.S.C.

J.S.C.

J.S.C.

Criminal Law and Procedure - Armed robbery - Victim robbed of his taxi and

money by passenger in taxi and others - 2nd and 3rd accused apprehended

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and identified by victim same day - 1st accused arrested and identified

subsequently - Each accused's case adequately considered separately by trial

judge - Alleged contradictions between victim's statement and testimony

immaterial - Conviction reaffirmed.

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ISSUES:

1.

Whether a ground of appeal stating that a decision is altogether unreasonable,

unwarranted, and cannot be supported having regard to the weight of evidence,

is a proper ground to stand alone in an appeal from a criminal conviction.

2.