Momoh Etsebomo V. The State (1982)

LawGlobal-Hub Lead Judgment Report

S. SOWEMIMO, J.S.C.

 In this case, the appellant has killed his senior wife on the ground that she has used a sort of witchcraft which made him impotent. He had no alternative but to matchet the deceased to death for that purpose.

Both counsel had nothing to urge in favour of the appellant.I have gone through  the whole proceedings and I am satisfied that the learned trial Judge was correct in convicting the appellant for murder and sentencing him to death. On appeal the Federation Court of Appeal affirmed the judgment of the learned trial judge.

There is no merit in this appeal and it is hereby dismissed.

C. IDIGBE, J.S.C.:  I have myself read the records and agree with both the learned counsel for the appellant and the learned Deputy Solicitor-General appearing for Bendel State that there is nothing in the record of proceedings which turns in favour of the appellant who, in my view, was rightly convicted for the offence of murder with which he was charged by the Bendel State High Court [AJUYAH, J.]. The appeal from the judgment of the Federal Court of Appeal which dismissed the appeal from the judgment of the said High Court, therefore, lacks merit and I agree that it should be, and is hereby, dismissed.

A. O. OBASEKI, J.S.C.: This appeal is against the decision of the Federal Court of Appeal affirming the conviction for murder and sentence of death passed on the appellant by the High Court. I agree with counsel that nothing can be urged usefully in appellant’s favour.The appellant was in the belief that the deceased who lived with him as husband and wife for sometime and later packed out rendered him sexually impotent through the power of witchcraft.

He decided to kill the deceased so that she will not be enjoying good sexual life and in pursuance of that intent stabbed her in the stomach to death. She died on the spot. He went straight to the police and made a confessional statement to that effect.The facts were carefully considered by the trial Judge before conviction. The Federal Court of Appeal considered the defence of witchcraft raised in the appeal carefully and rightly dismissed it. I find no merit in this appeal and I hereby dismiss it and affirm the decision of the Federal Court of Appeal.

A. N. ANIAGOLU, J.S.C.:  It is my view that both counsel are right in stating that nothing useful could properly, in this appeal, be advanced in favour of the appellant who on an allegation that his wife, by some witchcraft, caused his private part to wither away, stabbed his said wife with a dagger, resulting in her death. Whether or not the appellant had an honest belief in his assertion, it was entirely unreasonable, and nothing therein can justify his stabbing his wife as he did.

Perhaps a little more education in our society can rid people of this sort of fetish belief. Be that as it may, the appellant was rightly convicted by the High Court – a conviction rightly affirmed by the Federal Court of Appeal. Accordingly, this appeal is dismissed as unmeritorious. The conviction and sentence, are hereby affirmed.

M. L. UWAIS, J.S.C.:  The evidence adduced against the appellant for killing his common law wife was overwhelming. His defence was that he lost his manhood because the deceased used witchcraft against him after he took another wife. Both the trial court and the Federal Court of Appeal found the defence to be untenable in law. I agree with their findings. The appeal is therefore devoid of merit and it is hereby dismissed. The decision of the Federal Court  of Appeal affirming the decision of the trial court is confirmed.

SC.67/1980