Macauley Tobi V. The State (1982)

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G. IRIKEFE, J.S.C.

There is absolutely no merit in this appeal and counsels were right in stating that they had nothing to urge in favour of this appellant. The facts found and which were also affirmed by the Court of Appeal were that the appellant, a security guard, on reporting for duty took an iron rod, property of the deceased, another security guard. All pleas for the return of the rod fell on deaf ears.

An argument then ensued followed by physical combat between the appellant and the deceased, the owner of the iron rod. The appellant instead of fighting with his fists, pulled out a dagger with which he stabbed the deceased who slumped unto the ground, moaning that the appellant had stabbed him. The appellant on seeing the state in which the deceased was, fled from the scene.

He was later arrested. In his defence in court, he tried to show that he had felled the deceased on some planks which had nails on them and that the injuries on the deceased were caused by impact with the nails.

The testimony of the doctor who performed autopsy on the deceased did not bear out this concocted story.

In my view , there was abundant credible evidence before the trial court to support a finding of murder. The appeal accordingly fails and it is dismissed. The conviction and sentence already affirmed by the Court of Appeal are hereby re-affirmed.

SC.33/1981