MACAULEY TOBI V. THE STATE(1982)

MACAULEY TOBI V. THE STATE

In The Supreme Court of Nigeria

On Thursday, the 4th day of February, 1982

SC.33/1981

JUSTICES

AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria

MOHAMMED BELLO 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

MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Between

MACAULEY TOBI Appellant(s)

AND

THE STATE Respondent(s)

G. IRIKEFE, J.S.C.: There is absolutely no merit in this appeal and counsels were right in stating that they had nothing to urge in favour of this appellant. The facts found and which were also affirmed by the Court of Appeal were that the appellant, a security guard, on reporting for duty took an iron rod, property of the deceased, another security guard. All pleas for the return of the rod fell on deaf ears. An argument then ensued followed by physical combat between the appellant and the deceased, the owner of the iron rod. The appellant instead of fighting with his fists, pulled out a dagger with which he stabbed the deceased who slumped unto the ground, moaning that the appellant had stabbed him. The appellant on seeing the state in which the deceased was, fled from the scene. He was later arrested. In his defence in court, he tried to show that he had felled the deceased on some planks which had nails on them and that the injuries on the deceased were caused by impact with the nails. The testimony of the doctor who performed autopsy on the deceased did not bear out this concocted story.
In my view , there was abundant credible evidence before the trial court to support a finding of murder. The appeal accordingly fails and it is dismissed. The conviction and sentence already affirmed by the Court of Appeal are hereby re-affirmed.

M. BELLO, J.S.C.: During a dispute between the appellant and the deceased over an iron rod, the appellant stabbed the deceased with a dagger. The stab wound bled profusely and caused the death of the deceased. I think both learned counsel for the appellant and learned Deputy Solicitor-General for the respondent are right that there is nothing useful to urge in favour of the appellant. This is callous murder. The appeal is accordingly dismissed. Conviction and sentence are affirmed.

K. ESO, J.S.C.: I agree with learned counsel that there is nothing to urge on behalf of this appellant in this case of a dastard murder. I affirm the decision of the court of Appeal and the appeal is dismissed. It is devoid of any merit.

A. N. ANIAGOLU, J.S.C.: I agree that there is no merit in this appeal the facts of which reveal that the appellant, who was a security guard in the Federal Government Low Cost Housing Estate, at Ikpoba Hill, Benin City, stabbed the deceased, who was also his fellow security guard in the same place over a minor dispute over an iron rod. The dispute was so trifling that it would have hardly merited a slap on the deceased let alone stabbing him. Nothing extenuates the criminal act of the appellant. Accordingly, the appellant’s appeal deserves to be dismissed and is hereby dismissed.

M. L. UWAIS, J.S.C.: The circumstantial evidence adduced against the appellant was overwhelming. I agree with learned counsel that there is nothing useful that can be urged in favour of the appellant. The appeal is therefore dismissed and the decision of the Federal court of Appeal is affirmed.

Appearances