Asimiyu Afolabi V The State (1982)

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IRIKEFE, JSC.

In this case the appellant, a soldier, smashed in, with a heavy piece of block, the skull of his wife, a young and pregnant woman of 22 years while the deceased sat in a chair in their living room at the army barracks.

He then walked out and boasted to his army colleagues assembled in a room nearby that he had just killed his wife. On being arrested, his defence was that he had to be one-jump ahead of his late wife as she had been bragging that she would one day kill him with juju (fetish). It was therefore a case of who killed the other first. The trial court, understandably, was not impressed by this novel defence.

The Court of Appeal in my view was right in dismissing the appeal. I also find no merit in this appeal and I hereby dismiss it. The conviction and sentence recorded by the court of trial are hereby affirmed.

Other Citation: (1982) LCN/2167(SC)