John Ofuje V. The State (1982)

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G. S. SOWEMIMO, J.S.C.

 I have carefully considered the record of proceedings of the High Court and the Federal Court of Appeal. I agree with both counsel that there is nothing useful that can be urged in favour of the appellant who had cut the throat of a young primary school girl in the belief that she was unlikely to get married to him. There is no defence whatsoever to such a brutal act. The appeal lacks merit and is dismissed.

C. IDIGBE, J.S.C.: This is indeed a sad case. The deceased a young school girl was slaughtered, in cold blood, by the appellant who slashed her throat with a knife after placing her on a table apparently in quasi-kneeling position and leaving her absolutely nude.

Appellant had asked to have the young girl (i.e. deceased) as a wife; his request was not entirely rejected but the mother told the appellant that his request would be considered later and gave an undertaking to the appellant that she would give the deceased to him in marriage after she left the primary school of which she was, at all material times to this case, a pupil. The appellant confirmed this in his evidence.

The appellant persisted in his request and on the fateful day slaughtered the deceased as already stated. The learned trial Judge’s decision that appellant is guilty of murder was affirmed by their Lordships of the Court of Appeal. Both learned counsel for the appellant and the respondent appearing before us have nothing to urge in favour of the appellant and I consider that they are right in the view they take of the matter.

I can find nothing in favour of the appellant who, in law, rightly and richly deserves the punishment meted out to him. I agree that this appeal be and is hereby dismissed.

Other Citation: (1982) LCN/2161(SC)