Oluwakaikunmi Fasuyi V. The State (1981)

LawGlobal-Hub Lead Judgment Report

U. UDOMA, JSC.: Appeal dismissed. No merit.

A.G. IRIKEFE, JSC.: This appeal is dismissed.

M. BELLO, JSC.: I agree the appeal should be dismissed. While her mother was asleep, the Appellant killed her by stabbing her with a matchet. The Appellant said she had done so because the mother had killed her son by witchcraft. No substance in the purported appeal which was filed out of time.

A.N. ANIAGOLU, JSC.: The appellant, as disclosed from the evidence, killed her mother while she was asleep, on the ground that she was a witch and killed her child with witchcraft. The courts below went carefully through the facts and the law, and rightly, in my view, found against the appellant. I agree with counsel that there is absolutely no merit in the appeal which is hereby dismissed.

M.L. UWAIS, JSC.: I agree that the purported appeal is not competent. Although the judgment of the Federal Court of Appeal was delivered on 27/7/79, the notice of appeal was not dispatched from the Abeokuta Prison where the appellant was kept in custody until 29/10/79. That is, 3 months after the judgment of the Federal Court of Appeal was delivered. I agree that the purported appeal be dismissed and it is hereby dismissed.

Other Citation: (1981) LCN/2012(SC)