Emmanuel O. Ubani V. The State (2001)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C.

Having read the record, the written briefs filed by learned counsel on both sides and having heard the oral submissions in elaboration of the respective briefs, I have no hesitation in dismissing the appeal.

The evidence adduced before the trial court by the prosecution that the appellant brutally murdered the deceased on the fateful day by cutting his neck with a machete is unimpeachable. The defences of provocation, mistake or accident were fully considered by the trial court and the Court of Appeal and were found to be not available to the appellant. I agree with this conclusion.

The learned trial Judge carefully considered and evaluated the prosecution’s evidence and came to the right conclusion that the prosecution had proved its case beyond reasonable doubt.

The Court of Appeal was right in confirming the judgment of the trial court. I see no reason to interfere with the concurrent findings by the two courts below.

The appeal lacks merit and I hereby dismiss it. I affirm the conviction and sentence.

SC.207/2000