Ilesanmi Oyinbo V. The State (1982)

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G. IRIKEFE, J.S.C.

The appellant who thought that the deceased was having amorous relations with his wife, boasted freely that he would kill him one day with his matchet. The dispute was aired before the Bale (Chief) of the village in the presence of all the parties and the denial of the truth of the matter alleged both by the appellant’s wife and the deceased failed to impress the appellant.

He waited for an opportunity and used it when he met the deceased alone in the farm and unarmed, dealing him several vicious matchet cuts from which the latter died. The appellant had thus made good his promise.The learned trial Judge (Abina, J.), having heard all the evidence as well as the legal defences urged on behalf of the appellant by his counsel, convicted him of murder as charged.

The Court of Appeal in my view was right in dismissing this appeal and I think learned counsel before us were equally right in supporting the conviction.

I find no merit in this appeal and would dismiss it. Appeal dismissed and conviction and sentence are hereby affirmed.

SC.74/1980