IHONRE V. THE STATE

• Pages: 1252-1257

1252

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NIGERIAN SUPREME COURT CASES

[1987] 2 N.S.C.C.

I have had the opportunity of reading in draft the reasons for judgment read by

my learned brother Agbaje, J.S.C. and I entirely agree. I only wish to add as fol-

lows:

It is quite clear that the learned trial judge was in error when he reneged from

his ruling that a trial within trial would be held to determine if the statements made

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to the police under caution by the appellants were voluntary. The statements were

therefore wrongly admitted and must be discountenanced.

However, learned Senior State Counsel had, in my opinion, rightly submitted

that the rejection of the statements notwithstanding, there was still conclusive oral

evidence adduced by the prosecution on which the conviction of the 3rd appel-

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lant could stand.

It is for these and the detailed reasons given by my learned brother Agbaje,

J.S.C. that I dismissed the appeal and confirmed the convictions and sentences.

I adopt the variation in the mode of execution as contained in the said reasons for

judgment.

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KAWU, J.S.C.

We dismissed this appeal on the 15th day of October, 1987 and

affirmed the decision of the lower courts. We indicated then that we would, today,

give our reasons for doing so.

I have had the advantage of reading, in draft, Reasons for Judgment just de-

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livered by my learned brother, Agbaje, J.S.C. I am in complete agreement with

those reasons which I now adopt as mine.

CRAIG, J.S.C. I

have had the advantage of a preview in draft of the judgment

just delivered by my learned brother, Agbaje, J.S.C.

I entirely agree with him that the appeal lacks merit and should be dismissed.

Accordingly I too dismiss the appeal. The convictions and sentences passed on

the Appellants by the lower Court are hereby confirmed.

Appeal dismissed.

IHONRE V. THE STATE

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BENSON IHONRE

V

THE STATE

SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

KAWU,

J.S.C.

OPUTA,

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J.S.C.

AGBAJE,

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J.S.C.

NNAEMEKA-AGU, J.S.C.

11th December, 1987

APPELLANT

RESPONDENT

SUIT NO. SC 60/1987

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Criminal Law and Procedure - Murder - Belief in witchcraft - Such belief

including killing - Where amounting to delusion - Effect - Whether constituting

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a defence - Revenge as motive for killing - Whether a defence - When belief

in witchraft gives rise to defences of self - Defence and provocation -

Superstition - Delusion within Section 28, Criminal Code Cap 42 - Relationship

between - Distinction between - Effect of

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