Abudu Salawe Vs The State (1972)

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S. SOWEMIMO, AG. J.S.C. 

The appellant was on 8th of October, 1971, convicted on a charge of murder and sentenced to death at the High Court, Auchi by Omo-Eboh, J. He appealed against his conviction to this court and on the 22nd of November 1971, the appeal was heard and dismissed.  We now give our reasons for so doing.

The appellant, Abudu Salawe is one of the children of one Salawe Okhidemhen (now deceased). The appellant and his brothers lived together with their father in the same house at Apana village near Jattu in Auchi Division.

On 2nd December, 1970 at about 7 p.m., Salawe Okhidemhen (the deceased) went to a nearby mosque to say prayers. He was about 80 years of age. On his return from the mosque he hung his chalice on the wall of his parlour and changed his dress. Whilst doing so the appellant fired a gun at  him. As a result he could not stand on his own and learnt against a wall until two of his children came to his assistance. He was later carried to his room but by this time he had died. After firing the fatal shot from his gun the appellant tried to escape by running away.
The medical officer, who performed a post mortern examination on the corpse gave evidence as the 5th prosecution witness. He said-

“I examined the corpse at about 12.40 hours on that day 3/12/70 and found as follows-

1.The corpse was fresh; no decomposition.

2.The height was about 5 feet 6 inches; the head was shaved of hair the  beards were grey; the eyes were black.

3.I observed a gunshot wound with nine (9) entry-wounds extending on the right axilary to the left axilary i.e. from the right armpit towards the left armpit.

5.There was only one exit wound on the left fourth intercestal space i.e. in between the ribs of the left side about the mid axilary line.

6.There was clotted blood in the mouth and the nostrils.

7.The body had on a knicker and was covered with a wrapper.

In my own opinion, I certify the cause of death to be shock secondary to primary haemorrhage arriving from gunshot wound described above.

The probable date of death is 2/12/70. This wound, in my opinion, could not have been self-inflicted.”

The appellant in his defence at his trial alleged that his father (now deceased) poisoned him about 17 years before the date of the incident; that the poison was administered through a wife of the father by the name of Gibia; and that since then he had nursed a feeling that some pain in his chest and eyes was caused by the poison.  Strangely enough this did not seem to have prevented him from qualifying as a shoe maker and umbrella repairer. He did so well in his trade that he was able to give his father, (the deceased), a sum of 50(pounds) when the latter went on Holy Pilgrimage to Mecca. On his return from Mecca his late father fell ill. The appellant also contributed a sum of 35(pounds) towards the cost of his treatment. In spite of these financial contributions however, it would appear from his evidence that the appellant entertained the impression that his father hated him, because he failed to obtain a cure from the alleged poisoning of more than 17 years ago.