Onisuru Owhovoriole V. The State (1981)

LawGlobal-Hub Lead Judgment Report

S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is a case in which the appellant murdered a school girl in revenge for her own child that died earlier. There is no merit whatsoever in her defence. The appeal is hereby dismissed.

C. IDIGBE, J.S.C.: I have also carefully read the record and cannot find anything useful to urge in favour of the appellant who deliberately set out to kill a young daughter of her boy-friend in revenge, in the belief that the boy friend had sold her own daughter into slavery – a belief in respect of which no foundation was shown to exist. The learned trial Judge carefully reviewed the evidence before him and was satisfied that the defence of provocation was unavailable to the appellant and that the appellant failed to prove the defence of insanity. In my view the Court of Appeal was right in dismissing this appeal which should also be dismissed in this court. Appeal is dismissed. The conviction and sentence by the trial court are hereby affirmed.

A. O. OBASEKI, J.S.C.: Having studied the record of proceedings in the courts below, I agree with both counsel that there is nothing that can be urged usefully in favour of the appellant. The appellant admitted both to the police and in court that she took the life of the deceased named Beauty, a daughter of her lover in revenge for the alleged killing of her daughter, the report of which was never made to the police and about the proof of which she had no evidence. The confession was sufficient to sustain the conviction and I hereby dismiss the appeal and affirm the conviction and sentence passed by the High Court and affirmed by the Federal Court of Appeal.

K. ESO, J.S.C.: I agree with both learned counsel that there is nothing useful that can be urged in favour of the appellant. The facts were sifted by the learned trial Judge before coming to the conclusion that the appellant was guilty of murder. In the Court of Appeal, the only ground of law was as to whether the Criminal Code of Western Nigeria applied to the Bendel State at the time in question, the learned court found no merit in that ground.
I think the appellant was rightly convicted. There is no merit whatsoever in his appeal. It is dismissed. Conviction and sentence passed upon her in the High Court are affirmed.

A. N. ANIAGOLU, J.S.C.: I agree with counsel that there is nothing useful that can possibly be advanced in favour of the appellant who premeditatedly, without provocation or any cause, matcheted a little school girl called “Beauty” to death. I would dismiss this appeal and hereby dismiss it as being entirely without merit. The verdicts of the High Court and the Federal Court of Appeal are hereby confirmed.

SC.40/1980