Daniel Irefeta Inije V. The State (1977)
LAWGLOBAL HUB Lead Judgment Report
O. OBASEKI, J.S.C.
We dismissed this appeal on the 16th day of December, 1976, and indicated that we would give our reasons at a later date. We now give our reasons.
The appellant was tried by Savage, J., in the High Court of Lagos State and convicted for the murder of Esther Inije contrary to Section 319 of the Criminal Code.
It was against the conviction that the appellant lodged his appeal. Three grounds of appeal were filed against the judgment. But at the hearing of the appeal, the learned counsel for the appellant, wisely, in our view, informed the court that on the evidence accepted by the trial Judge, he had nothing to urge in favour of the appellant.
We now state the facts of the case accepted by the learned trial Judge.
Ten witnesses were called by the prosecuting counsel and they all gave evidence. The accused person himself gave evidence in his own defence.
It was common ground that the appellant and the deceased were husband and wife and lived together in the same house at No. 61 Jubrila Street, Itire, Surulere. They also shared the same room. On the 25th day of February, 1973, Augustine Ekperi (P.W.6) called at the residence of the appellant to see the appellant and the deceased. He met only the deceased at home but in a horrible condition which he described to the court as follows:
“On the morning of that day, I went to say hello to the accused and his wife, Esther, at a street behind mine in Itire. We three came from the Midwestern State, and from the same clan. The deceased Esther was my own sister-in-law. When I got to the house, I met only Esther, the accused was not in but Esther had some serious cuts all over her body. The room and the corridor were practically flooded with blood”.
P.W.6 later removed her to the Lagos University Teaching Hospital in a taxi but she died later that day. Before her death, Peter Ikpama, P.W.2 a junior brother of the deceased and Blackie Okoro, a sister of the deceased called to see her in the hospital. P.W.2 identified her corpse to the doctor, Dr. Nosirudeen Olaseni Akinlade (P.W.9) before he performed the autopsy on the body. The doctor found 7 matchet cuts on her body and certified that the cause of her death was due to haemorrhage from the multiple matchet cuts.
As the appellant could not be found he was declared a wanted person by the police on the 28th day of February, he was arrested by the police. On being charged by the police with the murder of the deceased, be made confessional statements Exhibits C and P, the material portions of which read:
In respect of Exhibit C –
“It was at this stage Esther told me that her present pregnancy is not for me. I then asked her again to speak the truth about this pregnancy. She repeated it a second time that the pregnancy she has was not for me. I then told her that I have been bearing the expenses on her pregnancy and that all my effort was for nothing. It was at this stage fight ensued between Esther and myself. The fight between Esther and myself started inside the room on 25/2/73 at about 5 a.m. During the fight I took my cutlass which I kept in my room and I cut her on her shoulder and I walked out. Esther ran after me and she fell down on the corridor of our house …………..On 28/2/73, I went to Ikorodu Road to see Mr. Inije and he carried me to the police station”.
Exhibit D which was the 2nd confessional statement attested by the superior police officer was taken down in the language (pidgin English) in which appellant made it. The statement in part reads::
“I ask Esther again if the belly (i.e. pregnancy) no be my own. She reply me second time say the belly nor be my own. ………………….. Nai there fight begin with me and Esther. Nai we fight. As we de dey fight the cutlass whe I buy for firewood I see inside my room……………….I show police the cutlass I used to cut Esther on 25/2/73 at 6 a.m. at No. 61 Jubrila Street, Itire. The police saw the cutlass I used in cutting my wife on her left shoulder”.
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