Lamidi Karimu V. The State (1999)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE, J.S.C

The appellant, a farmer of Eleyele Ijeja village was passing through Ikereku village on 31/8/89 and he was accosted by Yekini Saidu in connection with an alleged threat by the appellant against one Rabiu Bello. As a result, an argument ensued leading to a fight between the appellant and Yekini Saidu (P.W.3). The deceased Sunday Aremu who was living near the scene came out so as to separate the two combatants. In the heat of the struggle between the appellant and Yekini Saidu the appellant brought out his matchet and attacked the deceased with it. As a result of this attack, a wound was inflicted on the deceased in his left arm. The wound, on his left humerus was about six inches long. This wound extended to the left ulna thereby severing artery and vein in the arm leading to massive bleeding that led to his death. The evidence of the appellant is that he was mobbed by many people about five – and he had to defend himself. This contention has not been supported by evidence brought in for defence.

Learned trial Judge, after reviewing the entire evidence before him came to the conclusion that the prosecution had proved its case beyond reasonable doubt. The Court of Appeal, faced with all the evidence on record and the findings of fact before the trial judge, had no reason to interfere with the lower Court’s decision.

In this Court there is nothing to indicate any reason for setting aside findings of fact of the two Courts below. There is no satisfactory evidence of self-defence. The appellant at least exceeded his right of self-defence by using matchet, a very dangerous weapon. I find no reason to interfere with the decision of the Court of Appeal which upheld the judgment of the trial Court. I therefore dismiss this appeal.

SC.138/1997