DICKSON AIGHOBAHI V. THE STATE
In The Supreme Court of Nigeria
On Thursday, the 25th day of February, 1982
SC.45/1980
JUSTICES
UDO UDOMA Justice of The Supreme Court of Nigeria
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
KAYODE ESO Justice of The Supreme Court of Nigeria
ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Between
DICKSON AIGHOBAHI Appellant(s)
AND
THE STATE Respondent(s)
- UDOMA, J.S.C (Delivering the Leading Judgment): I think the learned counsel, Chief Jibowu, appearing for the appellant is correct in intimating to the court that there is nothing that can possibly be urged in favour of the appellant. The appeal is therefore dismissed as without substance.
G. S. SOWEMIMO, J.S.C.: I agree with the judgment just delivered by my brother, Sir Udo Udoma, J.S.C. The action of the appellant, to say the least, is extremely dastardly and callous in killing his mother. The appeal ought to be dismissed and is hereby dismissed.
A. O. OBASEKI, J.S.C.: I agree with the judgment of Sir Udo Udoma. I have studied the record of proceedings closely and come to the conclusion that both counsels are right in their submission that there is nothing useful that can be urged in favour of the appeal. The appellant, without provocation whatsoever, murdered his mother and the appeal has no merit whatsoever. The appeal will and is hereby dismissed.
K. ESO, J.S.C.: I agree with my brother, Sir Udo Udoma. I agree with both learned counsel that there is no merit whatsoever in this dastardly murder. The trial Judge went carefully with the facts and considered every point. The Federal Court of Appeal was right in dismissing the appeal as we now dismiss it.
A. N. ANIAGOLU, J.S.C.: In this case of murder,the appellant murdered his mother in grotesque circumstances. He threw her to the ground and marched on her head savagely, and for several times, to the extent that the tooth of the woman, which he smashed in the process, pierced the sole of his foot causing him bleeding. There is no merit whatever in this appeal which is hereby dismissed.
A. NNAMANI, J.S.C.: Learned counsel for the appellant and respondent have rightly in my view submitted that there is nothing in law that can be urged in favour of the appellant. This was indeed a most brutal and callous murder of appellant’s mother by him. I have carefully studied the records of proceedings and I can see no where to fault the judgments of the trial Judge and the Federal Court of Appeal. The learned trial Judge rightly rejected the defences of insanity and provocation raised by the appellant. I agree with the learned presiding justice that the appeal lacks substance. The appeal is hereby dismissed.
M. L. UWAIS, J.S.C.: I agree that the appeal is devoid of merit. There was ample evidence before the trial Judge to justify the conviction and the appeal before the Federal Court of Appeal was properly dismissed. I will accordingly dismiss the appeal and confirm the decision of the Federal Court of Appeal.
Appearances
Chief O. O. JibowuFor Appellant
AND
D.E. Edokpayi, D. S-G. Bendel StateFor Respondent
