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FEDERAL SUPREME COUR T OF NIGERIA
17TH FEBRUARY, 1956
BEFORE THEIR LORDSHIPS:
SIR STAFFORD FOSTER SUTTON, F.C.J (Presided and Read the Judgment of the Court)
OLUMUYIWA JIBOWU, F.J.
MYLES JOHN ABBOTT, AG. F.J.
G.K.J. Amachree, Crown Counsel -for Respondent.
ADMINISTRATIVE AND GOVERNMENT LAW: – Accused not intending consequence of act – Issue of prerogative of mercy
CHILDREN AND WOMEN LAW: – Wife-killing – Deceased wife strangled for refusing sex to her husband – Whether provocation at law – Attitude of court thereto
PROCEDURE AND PRACTICE – APPEAL: – Leave to appeal – No tangible ground – Whether leave ought to be refused
FOSTER-SUTTON, F.C.J. (Presiding and Delivering the Judgment of the Court):
This was an application for leave to appeal from a conviction for murder.
It is clear from the medical evidence tendered by the prosecution that the applicant’s wife died as a result of violence applied to her neck. The Medical Officer who performed the post mortem examination gave it as his opinion that the woman’s death was due to asphyxia caused by strangulation.
Although the applicant consistently maintained that he had done no more than slap his wife because she refused to have intercourse with him, it seems abundantly clear that her death was caused by violence applied by him.
It may well be that his violence had a much more serious result than the applicant intended, but this is no defence in law since a person is deemed to intend the natural and probable result of his act, although it is a factor which will, no doubt, be taken into consideration by those whose duty it is to consider whether or not the prerogative of mercy should be exercised.
The learned trial Judge properly directed himself both on the law and as to the facts. In these circumstances we considered no good purpose would be served by granting leave to appeal, and the application was accordingly refused.
JIBOWU, F.J.: I concur.
ABBOTT, AG. F.J.: I concur.