3PLR – EKANEM AKPAN UTUK V. THE QUEEN
POLICY, PRACTICE AND PUBLISHING, LAW REPORTS 3PLR
[PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
EKANEM AKPAN UTUK
V.
THE QUEEN
FEDERAL SUPREME COURT OF NIGERIA
F.S.C.292/1961
26TH SEPTEMBER, 1961
3PLR/1961/82 (FSC)
OTHER CITATIONS
BEFORE THEIR LORDSHIPS:
SIR ADETOKUNBO ADEMOLA, C.J.F. (Presided)
EDGAR IGNATIUS GODFREY UNSWORTH, F.J. (Read the Judgment of the Court)
JOHN IDOWU CONRAD TAYLOR, F.J.
REPRESENTATION:
- A. COLE -for the Appellant.
- O. NWOSU, Senior Crown Counsel -for the Respondent.
MAIN ISSUES
CRIMINAL LAW AND PROCEDURE: – Murder – Defence of provocation – Where accused alleges unfair treatment – Whether sufficient provocation.
HEALTHCARE LAW: – Leprosy – Cultural attitude towards lepers and lack of medical treatment/reintegration– Discriminatory treatment of lepers and justice administration
CHILDREN AND WOMEN LAW:- Murder of a 15 year old girl – Whether claim by accused that father of deceased had a habit of chasing him with a matchete because he is a leper amounted to provocation at law
MAIN JUDGMENT
UNSWORTH, F.J. (Delivering the Judgment of the Court):
We dismissed this appeal on the 25th September, 1961, and now give our reasons for so doing.
The appellant was convicted on the 10th July, 1961 of the murder on the 27th August, 1960 of a girl of about 15 years of age. The evidence established that on the day of the crime the appellant struck the deceased girl on the neck and other parts of the body with a matchet and killed her. In a statement to the Police the appellant said:
“In this month of August 1960, Michael Akpan father of Iquo the deceased had chased me with a matchet for three times; and I slept in the bush.
“The fourth day; Michael and his son Etim Michael ran after me in the bush and wanted to kill me. As I was running in the bush I met Iquo in the bush; with Arit and Mary Michael; as they were looking for firewood. I cut Iquo the deceased with a matchet when I cut her she fell on the ground and I ran away to Ekim Akpa Uton in Idoro area. It was on Saturday the 27th day of August 1960 that I cut Iquo Michael with a matchet. I came out from the bush, because I never wanted police to worry anybody in the village.
The matchet the police got from me is my matchet, and it was the same matchet I used in cutting Iquo Michael. When I cut Iquo, she fell on the ground before I started to run away. I did not see where the two other girls ran to. My annoyance for killing this girl Iquo Michael is because of her father; who used to run after me always with matchet in the bush with intent to kill me; so when I met this girl in the bush I was annoyed so I cut her with a matchet.”
The appellant in evidence added that he had been a leper, and alleged that he had been unfairly treated by the father of the murdered girl. There was clearly no provocation in this case which could in law reduce the offence to manslaughter. The trial Judge considered a submission that the appellant was insane at the time of the offence, but, rightly in our view, rejected this submission.
There was no substance in the grounds of appeal filed by the appellant and counsel was unable to find any other ground of appeal which he could properly argue. We accordingly dismissed the appeal.
Appeal Dismissed.
