Andrew Edoge Oghenevweta V. The State (1982)

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S. SOWEMIMO, J.S.C.

I have read and considered the proceedings in both the trial court and Court of Appeal. The appellant was found to have killed his mother, by chopping off her head with an axe, as well as inflicting other injuries.

The learned trial Judge considered the defences of insanity and/or insane delusions and rejected both. He accepted the confessional statement made by the appellant although retracted in court.

He convicted the appellant for murder and sentenced him to death. The Federal Court of Appeal considered the proceedings in the court of trial, on appeal before them and dismissed it. Both counsel before us have nothing useful to urge in favour of the appellant. Having read the whole proceedings in the  lower court, I agree with them and considered that this appeal ought to be dismissed. The appeal is hereby dismissed. The conviction and sentence of death are hereby affirmed.

M. BELLO, J.S.C.:  The appellant was convicted of murder of his mother. There was no eyewitness and the conviction was founded on his confessions. His sister found the appellant by the corpse of their mother whose head had been shattered. He informed his sister that he had killed the deceased by striking her head with an axe. The sister saw the axe stained with blood at the scene.

The appellant also made confessions to his step-father and police. He told the police that he had killed her because she had given him some medicine which worried him. He retracted his confessions at the trial.

His defence of denial was rejected by the trial Judge. Although the defence of insanity was not raised, the trial Judge considered it and rightly, in my view, rejected it. He accepted the case for the prosecution and convicted the appellant. I agree the appeal has no merit and it is dismissed. Conviction and sentence are re-affirmed.

SC.1/1980