3PLR – UFOT MKPA ALIAS MBOSO MKPA V. THE STATE
POLICY, PRACTICE AND PUBLISHING, LAW REPORTS 3PLR
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UFOT MKPA ALIAS MBOSO MKPA
V.
THE STATE
IN THE SUPREME COURT OF NIGERIA
ON THURSDAY, THE 18TH DAY OF JUNE, 1981
SC.43/1978
3pLR/1981/30 (SC)
OTHER CITATIONS
(1981) 6-7 S.C. (REPRINT) 58
BEFORE THEIR LORDSHIPS
GEORGE SODEINDE SOWEMIMO, JSC
AYO GABRIEL IRIKEFE, JSC
MOHAMMED BELLO, JSC
KAYODE ESO, JSC
ANTHONY NNAEMEZIE ANIAGOLU, JSC
BETWEEN
UFOT MKPA ALIAS MBOSO MKPA Appellant(s)
AND
THE STATE Respondent(s)
REPRESENTATION
V.C.O Achikeh, Deputy Director, Legal Aid Council For Appellant
AND
Mrs. E.B. Otu, D.P.P., Cross-River State For Respondent
MAIN ISSUES
CRIMINAL LAW AND PROCEDURE: Murder – Matricide – Appeal – when there is nothing to urge in favour of convict – appeal lacking in merit – how treated
CHILDREN AND WOMEN LAW: Women and Security – Murder – Matricide – Accused decapitating head of his mother while she was asleep – How treated
MAIN JUDGMENT
G.S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment):
This is a case in which the appellant cut off the head of his mother and she died instantly. No defence whatsoever was put forward by the appellant for committing the offence. Both counsel for appellant and respondent have stated that they have nothing whatsoever, after perusing the record of proceedings, to urge in favour of this appeal. I, perusing the record myself am in complete agreement with both counsel.
The appeal lacks any merit and it is accordingly dismissed. A conviction and sentence of death pronounced by the High Court and confirmed by the Federal Court of Appeal is hereby affirmed
A.G. IRIKEFE, J.S.C.:
This is a second and final appeal. The appeal of the appellant had been dismissed by the Court of Appeal. This appellant decapitated his mother while, according to him, she was asleep. The learned trial Judge dealt most carefully with the evidence and examined all possible defences available to the appellant. Having done so, he found, rightly in my view, that the charge had been proved. I am in no doubt that the learned Judge was right.
I would accordingly dismiss the appeal and affirm the conviction and sentence as the Court of Appeal did.
M.BELLO, J.S.C.:
The appellant was convicted of murder. He decapitated his mother while she was asleep because according to him, she had said things to his displeasure. His counsel and the Director of Public Prosecutions have nothing to urge in his favour at the hearing of his appeal before us. I agree the appeal has no merits and that it should be dismissed. The conviction and sentence are re-affirmed.
K.ESO, J.S.C.:
There is no merit whatsoever in this appeal and I agree with both learned counsel in this case that the facts of this case of matricide which hardly has any parallel have been well examined by the trial court. The Court of Appeal dismissed his appeal for want of merit and it is also so dismissed in this court. Conviction and sentence passed by the trial court are affirmed.
A.N. ANIAGOLU, J.S.C.:
I agree with both counsel that there is nothing that can be urged in favour of the appellant, who on 25th January, 1977 at Ikot Annang village, Awa, Onna, in Eket Judicial Division decapitated his mother in circumstances clearly amounting to murder. The trial Judge amply dealt with the facts of the case and the law involved and rightly came to the conclusion that neither the defence of provocation nor that of insanity was available to the appellant. In a one-line judgment the Federal Court of Appeal dismissed the appeal. This appeal deserves to be peremptorily dismissed and is hereby dismissed. The judgments of the courts below are hereby affirmed.
