Johnson Utie V. The State (1982)

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S. SOWEMIMO, J.S.C.

The deceased in this case was a young girl who had gone out on the material date to fetch water. According to the appellant, he had been accused for putting the young girl in family way. He met the young girl on her way from the stream and in the view of her father he, the appellant inflicted several fatal matchet cuts on the girl.

He ran into the bush and when caught made a confessional statement of having committed the offence of murder. He was tried in the High Court of Ondo State, convicted of the offence of murder and sentenced to death. He appealed, first to the Western State Court of Appeal as well as the Federal Court of Appeal, Ibadan and both appeals were dismissed. Before us, learned counsel for the appellant had nothing useful to urge in favour of the appellant. Having perused the records myself, I have come to the conclusion that it lacked any merits. The judgment of the Federal Court of Appeal is affirmed and the conviction for murder and sentence of death is hereby upheld.

M. L. BELLO, J.S.C.: The appellant was convicted of the murder of one Beatrice Richard whom he had battered to death with a matchet. The Court of Appeal dismissed his appeal against the conviction.

At the hearing of the appeal before us, learned counsel have nothing useful to urge in his favour. There was one eye-witness to the battering of the poor girl. In his statement to the police, the appellant stated that he had decided to kill the girl because people had been falsely accusing him of having caused her pregnancy and for that reason he waylaid her and battered her with his matchet. His defence at the trial was denial.

I agree there is no merit in the appeal and it should be dismissed. The conviction and sentence are affirmed.

SC.77/1980