DANA SHUWA V. THE STATE
(1973) LCN/1713(SC)
In The Supreme Court of Nigeria
On Monday, the 14th day of May, 1973
SC.26/1973
RATIO
CRIMINAL LAW: EFFECT OF ABSENCE OF DEFENCE TO THE CHARGE IN FACE OF OVERWHELMING EVIDENCE
Where there is no defence to the charge and in the face of overwhelming evidence ,the case against the appellant is proved beyond reasonable doubt-PER G.B.A COKER J.S.C.
JUSTICES
GEORGE B. A. COKER Justice of The Supreme Court of Nigeria
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Between
DANA SHUWA Appellant(s)
AND
THE STATE Respondent(s)
B. A. COKER, J.S.C.(Delivering the Leading Judgment): We are not in any doubt about the conclusions drawn by the learned trial Judge from the undisputable facts of this case. For reasons best known to the appellant, he waylaid the wife, now deceased, on a village road on 11th July, 1971, pushed aside the other women with whom she was travelling and stabbed her to death. There was no defence to the charge of culpable homicide punishable with death, although some feeble attempts were made to introduce the suggestion that the appellant had some mental affliction. This was soon abandoned and in his defence, the appellant denied any knowledge of the incidents leading to the death of his wife.
We are in agreement with the learned counsel that the evidence accepted by the learned trial Judge left no room for any doubts about the guilt of the appellant of the offence charged. The appeal is dismissed. The conviction and sentence of the appellant are affirmed.
Appearances
Appellant not represented For Appellant
AND
Mr. E. I. Odana, A.D.P.P (Benue-Plateau State) For Respondent
