NWEDE V. THE STATE

• Pages: 1351-1361

NWEDE V. THE STATE

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1351

NWEDE V. THE STATE

5

OGBONNA NWEDE

V

10 THE STATE

SUPREME COURT OF NIGERIA

OBASEKI,

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J.S.C.

ANIAGOLU,



J.S.C.

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UWAIS,

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J.S.C.

KAZEEM,

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J.S.C.

OPUTA,

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J.S.C.

6th December, 1985

APPELLANT

RESPONDENT

SUIT NO. SC 160/1984

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Criminal Law and Procedure - Provocation - Self-defence - Statements of

defendant prime facie suggestive of those defences but totality of prosecution

evidence indicating that deceased way laid and ,ratcheted from behind by

defendant several kilometres away from scene of quarrel between them earlier

that night - Failure by defendant to testify or call witnesses - Defendant's

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onus not discharged - Conviction of tnurder re-affirmed.

ISSUES:

1.

Whether it is the law that mere possession of a weapon by the deceased victim

without evidence of its use and assault on the accused entitles the accused who

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killed the deceased with another weapon, to the defence of self defence or

provocation.

2.

What must an accused/appellant who seems to rely on a plea of self-defence

or provocation in defence to a charge of murder prove in order to succeed?

FACTS:

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The appellant was charged and arraigned before the High Court, Abakaliki

(Adimora, J.) for the offence of murder contrary to S.319(1) of the Criminal Code

Cap 30 Laws of Eastern Nigeria 19(33. He was tried and convicted and sentenced

to death. At the trial the appellant did not testify in his own defence though two

confessional statements were tendered wherein he sought to raise the defence of

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self-defence and provocation, but his counsel submitted that he was provoked by

the deceased who attacked him with a pen-knife, hence, he had to kill the deceased

in self- defence. He used a matchet.

The learned trial Judge carefully considered the case for the prosection and

the submissions of learned counsel on the issues of provocation and self-defence,

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and he found that they were not available to the appellant as a defence. In the cir-

cumstances, he convicted and sentenced the appellant to death.

On a further appeal to the Court of Appeal in Enugu, appellant's counsel also

submitted to the court that the deceased provoked the appellant who had to kill

him in self-defence. But the Court found that the trial judge was justified in reject-

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ing those submissions. The appeal was therefore dismissed.

It was as a result of the dismissal of the appeal by the Court of Appeal that the

appellant appealed to the Supreme Court.