Olowoniyi Ajisogun V. The State (1999)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE, J.S.C.

The evidence clearly before the trial court is that the deceased was attacked by the accused persons by kicking her in the belly and all over her body. Unknown to the accused and the mother of the deceased, PW 1, the deceased was carrying a partial abortion. As a result or the severe beatings and kicking she sustained not only bruises but she lapsed into unconsciousness. She came round several hours later at a private clinic but lapsed into a state of unconsciousness again. She was transferred again to State hospital where she died without regaining consciousness. Her blood count was low and PW4, the medical officer who performed the post mortem examination concluded that in her opinion the deceased died as a result of septic abortion shock. She in her evidence in court explained this to mean that her precarious condition was aggravated by shock brought about by the severe beatings and kickings in the tommy.

To say that the learned trial Judge descended into the arena by asking a few questions to clear the forensic terms by the doctor, to my mind, is unfair. It is the duty of the court to clearly understand the technical terms used by experts, this was the case in this matter. I find no substance in this appeal and I dismiss it. The decision of the Court of appeal is upheld.

SC.27/1999